False Imprisonment And Criminal Law

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False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort as trespass to a person.False Imprisonment has been defined as the total restraint of the liberty of a person. The word ‘false’ means ‘erroneous’ or ‘wrong’. It is a tort of strict liability and the plaintiff has not to prove fault on part of the defendant. It safeguards the right to freedom of a person so that they may be able to move without restraint. The tort of false imprisonment dates to the very early days of common law and is characterised by various elements. Since it has been in place for so long there are many cases about it, some of which have shed light on its peculiar aspects. The tort of false imprisonment is applicable if and only if certain elements are present in a situation. Just like other intentional torts, intention is required in false imprisonment and is a very important element. Carelessness is not enough, the defendant may have acted with a purpose to cause the confinement, or with substantial certainty that his acts will cause it. Second, the defendant’s intention must cause confinement of the plaintiff. The essence of the tort is restraint of the plaintiff’s freedom of movement, so they must establish confinement. It must be noted that blocking the plaintiff’s way will not amount to false imprisonment, as long as a reasonable alternate route is available. Third, the confinement must be within some

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