Question

PRINCIPLE: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

FACTUAL SITUATION: A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.

DECIDE.

• A. B and his group are liable for having falsely imprisoned A.
• B. B and his group are not liable for falsely imprisoning A, since they were exercising their right to protest.
• C. B and his group are not liable for falsely imprisoning A, since they did not totally restrain the liberty of A.
• D. B and his group are not liable for falsely imprisoning A, since 5 minutes is too short a time.

Answer 1

Answer: (C)

B and his group are not liable for falsely imprisoning A, since they did not totally restrain the liberty of A.

To constitute false imprisonment, certain factors such as probable cause for imprisonment, knowledge of the plaintiff for the imprisonment, the 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. Hence B and his group will not be held liable.

C is the correct option.