JSB171 Lecture Notes - Lecture 4: New Ferry, Subsoil, Isaac Isaacs
Document Summary
False imprisonment is a voluntary act where the defendant subjects the plaintiff to total deprivation of freedom of movement without lawful justification. There is a high value placed upon a person"s liberty and as a result, there is no minimum time period that a person must be falsely imprisoned in order to successfully make an action. In other words, no matter how short the period of imprisonment, the judge should not dismiss it or consider it trivial. A person may sue for false imprisonment even if they were not aware that they were being falsely or wrongly detained at the time. Where the immediate result of the defendant"s act is the restraint of plaintiff"s liberty. The defendant must be active in promoting or causing the imprisonment" myer stores v soo. If restraint is the result of defendant acting upon the information of another, it may be indirect.
