Origin, Meaning and Functions of Law
afalseimprsonmment may rtake different form
• when physical force is applied eg locked in a door, so long you see the person locked in a door there is no need of check if the door is locked, by just see him it is a complete defence
• sometiames it is not must to leck a door so a person to be false impreasoned, you can just get order to stay in a place and not go away by a certain period of time by a person who has authority over you, law says if there is a means to escape you have to escape, you can only succed if you show that there was no means to escape, so false impreasonment does not requr a person to be forced, if a person is lawful arrested by a police officer that is not lawful impreasonment inorder for false imp redasonment to be complete
• one has to prove his libery was complete restrained
• it must be an action by another person
• it must be commited by authority, threat, or even force we have two ways which this tort can be committed
• actual restraint ie he useds physical act or by locking you in
• constrkuctiveredstraints this happens where a person who has authority over you give an order not to move or by a person who has authority give you an order to accompany him up to a certain station in this time you are under force imprisonment because you freedom has been gone, the law insist the restriction must be complete, but if you have a chance to escape that is not complete this tort can be committed even in a field eve in a a person own house, if a bus refuses to stop you at a certain station A and stop at station B that is false imprisonment malicious prosecution our intention was to look on procecution, I procicution is conducted by malice ie ill-intention, it is very hard to esblish malice cos it is hard to read one mine so what we do is by infer, take eg if B taken to the law by A by malicious and for s omething which is nottrue B wins the case and return to tothe court for compasation because he discover it was malicious
• when physical force is applied eg locked in a door, so long you see the person locked in a door there is no need of check if the door is locked, by just see him it is a complete defence
• sometiames it is not must to leck a door so a person to be false impreasoned, you can just get order to stay in a place and not go away by a certain period of time by a person who has authority over you, law says if there is a means to escape you have to escape, you can only succed if you show that there was no means to escape, so false impreasonment does not requr a person to be forced, if a person is lawful arrested by a police officer that is not lawful impreasonment inorder for false imp redasonment to be complete
• one has to prove his libery was complete restrained
• it must be an action by another person
• it must be commited by authority, threat, or even force we have two ways which this tort can be committed
• actual restraint ie he useds physical act or by locking you in
• constrkuctiveredstraints this happens where a person who has authority over you give an order not to move or by a person who has authority give you an order to accompany him up to a certain station in this time you are under force imprisonment because you freedom has been gone, the law insist the restriction must be complete, but if you have a chance to escape that is not complete this tort can be committed even in a field eve in a a person own house, if a bus refuses to stop you at a certain station A and stop at station B that is false imprisonment malicious prosecution our intention was to look on procecution, I procicution is conducted by malice ie ill-intention, it is very hard to esblish malice cos it is hard to read one mine so what we do is by infer, take eg if B taken to the law by A by malicious and for s omething which is nottrue B wins the case and return to tothe court for compasation because he discover it was malicious