2.4 Hierarchical Modeling
2.4.2 Scene Graphs
b. The tort of assault, elements of assault and essentially the purpose of the Law of assault.
6.0 TUTOR MARKED ASSIGNMENT
Battery must be intentional, negligent or reckless. Discuss.
7.0 REFERENCES
1. Bodunde Bankole Tort: Law of Wrongful Conduct: Lipservice Punishment (1998), Lagos.
2. Fidelis Nwadalo: the Criminal Procedure of the Southern States of Nigeria, Mij Publisher, Ltd, Lagos (1996).
3. John G. Fleming: The Law of Torts (1977), The Law Books Co. Ltd publisher, London.
Sweet & Maxwell.
4. A. Street: The Law of Torts Sweet & Maxwell (1977), London
5. G. Kodilinye & Oluwole Aluko: Nigeria Law of Torts. Spectrum Law Publishers, 1999.
6. The Criminal Procedure of the Northern States of
UNIT 3 FALSE IMPRISONMENT AND INTENTIONAL HARM TO
5.0 Summary
6.0 Tutor Marked Assignments 7.0 References and further reading
1.0 INTRODUCTION
In this unit we shall consider the third type of trespass to the person which is false imprisonment.
2.0 OBJECTIVES
By the end of this unit you should be able to:
(i) define false imprisonment;
(ii) explain the purpose of the tort of false imprisonment; and (iii) enumerate the defences and remedies for trespass to the person.
3.0 MAIN CONTENT
3.1 Definition of false imprisonment
False imprisonment is denying a person freedom of movement or personal liberty without lawful justification. False imprisonment is the total restraint of a person without lawful justification. It is the unlawful bodily restraint, imprisonment or arrest of a person. It is also the restraint of another person without his consent and without lawful justification.
Any detention, bodily restraint, denial of personal liberty, or freedom of movement of a person in any place and in any form without lawful justification amounts to false imprisonment.. Thus, any unlawful bodily restraint, or confinement of a person, however short the period of time is false imprisonment.
The imprisonment is false because it is not right. It is a wrong done to the person who is restrained. False imprisonment of a person is a breach of the fundamental right to personal liberty guaranteed in Chapter IV of the Nigerian Constitution and by the constitutions of many other countries. It includes detention by government as well as a detention by a private person or individual.
The act of false imprisonment must be direct, though it is immaterial whether it was done intentionally or negligently. Thus, any unlawful bodily restraint of a person in any place or from any place against his will may be false imprisonment. Like assault and battery, false imprisonment is actionable in itself without the plaintiff having to prove harm or damage. Imprisonment usually means locking up a person in jail but in this context, the term imprisonment has a much wider meaning and includes any physical restraint of a person in a locked or an open place such as in a street.
Lord Edward, Coke CJ in Inst. 2, Statutes of Westminster II, C. 48,clearly explained the law thus:
"Every restraint of the liberty of a free man is imprisonment although he be not within the walls of any common prison.”
Similarly, Sir William Blackstone (1723-1780) the eminent English jurist clearly stated the law thus:
"Every confinement of the person is an imprisonment, whether it be in a common prison, or in a private house, or in the stocks, or even by forcibly detaining one in the public streets”. (Blackstone.
III p. 127)
Some of the characteristics of false imprisonment are;
1. Depriving another person of his right to personal liberty and freedom of movement without just cause.
2. Compelling a person to remain where he does not wish to remain or to go to where he does not wish to go.
3. Restraint need not be in any cell or prison but may be in the open street.
4. There need not be battery.
5. The use of authority, any influence, order, trick, or request is sufficient so long as the person is available to his captor.
6. The person need not be aware that he is being detained at the time. See Meering v Graham White Aviation Co (1919)" 122 LT 44.
7. The restraint must be total or complete. See Bird v Jones (1845) 7 QB 742; 115 ER 668.
Confinement Is Not Necessary
For there to be false imprisonment there need not be confinement in a prison or in a police cell. The mere holding of the arm of a person as when a police officer makes an arrest in the open street is sufficient. Thus, one may be confined or falsely imprisoned in a house, vehicle, cell, prison, mine, in a street, estate or in a specific locality, such as a district or province, so long as the restraint is complete and the person is made to remain where he does not want to remain or to go to where he does not want to go.
The Intention of the Tortfeasor Is Irrelevant
The state of mind, that is, the intention or malice of the tortfeasor is irrelevant. Once there is an act of false imprisonment, the tortfeasor is prima facie liable in the absence of a lawful excuse. Thus, where a tortfeasor recklessly or negligently locks a door or allows a door to lock against another person, he would be liable for false imprisonment even though he did not know that there was a person in the room or house. Thus, any unlawful restraint of personal liberty, freedom of movement or arrest of a person without legal authority is a false imprisonment. An arrest without lawful authority is a false arrest or false imprisonment because it restrains a person's liberty. Any person who takes away another person's liberty in these manners may be sued for this tort.