Origin, Meaning and Functions of Law

Topics: Tort, Tort law, Law Pages: 3 (857 words) Published: June 10, 2013
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 procecution...
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