Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:
To be considered as a false imprisonment, the restraint on freedom of movement should be :
Options:
the restraint on freedom of movement should be total under 'Law of Torts'
the restraint on freedom of movement may be total or partial under 'Law of Torts'
Restraint on freedom of movement should be within four walls of prison only.
None of the above
Correct Answer:
the restraint on freedom of movement should be total under 'Law of Torts'
Explanation:
The intentional tort of false imprisonment is satisfied whenever there is intent to unlawfully confine or restrain the claimant in a bounded area and when this actually causes the claimant to be knowingly confined or restrained in a bounded area unlawfully. For example, the defendant intentionally locks the claimant in the classroom without having the legal authority to do so, and the claimant knows he is trapped. Sometimes courts allow the actual harm to substitute for the awareness of the imprisonment - so even if the claimant is unaware that he is trapped but suffers injury, the tort of false imprisonment is satisfied. However, the claimant should not be trapped willingly and consensually.