1 / 16

LW2103 Law of Tort Tutorial Question 5

LW2103 Law of Tort Tutorial Question 5. Presented by: Alan Lin Vivien Leung. Facts. A, the plaintiff, was prevented by B, the defendant, from leaving even his reason for early departure being an urgent private matter.

naida-oneil
Télécharger la présentation

LW2103 Law of Tort Tutorial Question 5

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. LW2103 Law of TortTutorial Question 5 Presented by: Alan Lin Vivien Leung

  2. Facts • A, the plaintiff, was prevented by B, the defendant, from leaving even his reason for early departure being an urgent private matter. • The employment contract stated that A may not leave the factory premises during his 8-hour work-shift.

  3. Legal Issues 1) Whether torts have been committed? 2) If yes, what torts have been committed?

  4. Intentional Tort • Whether the act is direct and intentional • If yes, the plaintiff brings an action in intentional tort • Trespass to the person is an example of intentional tort

  5. False Imprisonment • A form of trespass to the person • Requires for direct and intentional act • Results in total restraint on the plaintiff’s freedom of movement within limits set by the Defendant • Without Plaintiff’s consent or any lawful justification.

  6. False Imprisonment In the case, • Decision made solely affected the interest of A. • B was the sole decision-maker. • The act of B ( i.e.. preventing A from leaving earlier) was direct and intentional.

  7. False Imprisonment • Without B’s approval, • A was kept in the factory till the end of the 8-hour work shift. • Thus A’s freedom of movement was restrained without A’s consent (against A’s will)

  8. False Imprisonment • B had committed the false improvement? • From the above definition , B probably committed the false imprisonment . • However, According to the employment contract, A is not allowed to leave during working.

  9. False Imprisonment • Question? • --- Is B Justified to restrain A for his breach of his contractual obligation? • Two similar cases in the past: 1) Robinson V Balmain New Ferry Co.Ltd 2) Herd case

  10. Robinson V Balmain New Ferry • Facts: • The P had contracted with D to enter their wharf & stay there till the boat should start , and then be taken by the boat to other side. • after entry P changed mind and want to exit without payment of prescribed fee , which was required by D

  11. Robinson V Balmain New Ferry • P was prevented to leave and sued D for false imprisonment. • Judgment: There was no false imprisonment. • Reason- P had the contractual obligation to pay fees to leave , D was reasonable to restrain P if he refuse to pay money.

  12. Herd V Weardale Steel , Coal & Coke Co.Ltd. • Facts: • The P was lowered into a coal mine at 9:30a.m. for working, ordinarily he can be raised up to the surface after completion of his work at 4p.m. • P was ordered to do some work he wrongfully refused to do at the bottom of coal mine

  13. Herd V Weardale Steel , Coal & Coke Co.Ltd • At 11a.m. P went on strike and suddenly requested to be drawn up to the surface by a lift • He was eventually brought up at 1:30pm , though the lift is already available at 1:10pm

  14. Herd V Weardale Steel , Coal & Coke Co.Ltd • P was detained in the mine against his will for 20 mins. He sued D for false imprisonment • Judgment : No false Imprisonment . • Reason It is not false imprisonment to hold a man to the condition he has accepted .

  15. Conclusion • From the above two cases, both P has some contractual obligation with D • In this case, A also. • B’s restraining A to leave is just requesting A to perform his obligation , NOT A FALSE IMPRISONMENT !

  16. Conclusion • All Torts of trespass require a positive act. • There was no positive act on the part of D • B didn’t actively imprison A , but only refuse to let A leave so that A can perform his contractual obligation • Hence NO TORTS HAVE BEEN COMMITTED BY B .

More Related