9084 · 4.3.3
False imprisonment
**False imprisonment** (4.3.3) completes the torts of trespass to the person. Its defining feature is **total restraint** of the claimant's liberty, without lawful justification. Partial blocking, as seen in *Bird v Jones*, is not enough.
Need to know
What you need to know
- An intentional or reckless act causing confinement.
- It is actionable per se (no proof of damage is required).
- The core elements are 'total restraint' and 'lack of lawful justification'.
- The duration of the imprisonment is irrelevant for establishing liability but affects damages.
Explanation
False imprisonment
- An intentional or reckless act causing confinement.
- It is actionable per se (no proof of damage is required).
- The core elements are 'total restraint' and 'lack of lawful justification'.
- The duration of the imprisonment is irrelevant for establishing liability but affects damages.