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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

  1. An intentional or reckless act causing confinement.
  2. It is actionable per se (no proof of damage is required).
  3. The core elements are 'total restraint' and 'lack of lawful justification'.
  4. The duration of the imprisonment is irrelevant for establishing liability but affects damages.