Question

LEGAL PRINCIPLE: False imprisonment is the confinement of a person without just cause or excuse. There must be total restraint of the person and the onus of proving reasonable cause is on the defendant.

FACTS: A entered in B's park where there was an artificial lake for the boating. A paid Rs. 100 for entering the park and has to pay Rs. 100 at the time of exit. A waited for 30 minutes but no boat was available. A, however, denied to pay Rs. 100 for exit. B did not allow A to leave the park unless he paid Rs. 100 for exit. A sued B for false imprisonment.

DECIDE.

• A. B is guilty of false imprisonment.
• B. B is not guilty of false imprisonment.
• C. A can lawfully refuse to pay Rs.100 when no boat was available.
• D. A can ask for even Rs. 100 given for entering the part as B's services are deficient in the park and can sue B for false imprisonment.

Answer 1

Answer: (B)

B is not guilty of false imprisonment.

To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment , intention of the defendant while causing imprisonment and period of the confinement matters. For imprisonment, it is necessary that the person should be confined in such an area from where there are no possible ways of escape except the will of the person who is confining the person within that area. In the above case, all the elements were not satisfied to constitute the offence of false imprisonment.