Trespass to the Person - False Imprisonment and Intentional Infliction of Emotional Suffering

What is false imprisonment?

Dullaghan v Hillen

The unlawful and total restraint of the personal liberty of another against his will.

The victim cannot reasonably escape confinement.

There is no expectation that he needs to injure himself or suffer humiliation in order to escape.

Simple surveillance on the other hand will not amount to false imprisonment

Imprisonment may be physical or psychological (Phillips v GN Ry Co Ltd)

The victim need not be aware of his detention (Murray v Minister for Defence)

The detention must be such as to limit the victim’s freedom of motion in all directions, the extent of the limitation may vary in size

Phillips v GN Ry Co Ltd

Woman asked not to move because they suspected her of not paying for her ticket. The court ruled that it was not false imprisonment, she had been subject to a delay and she could have left.

Murray v Minister for Defence

She was held in a room without being told she was arrested. Was not unlawful.

Failure to release

Burns v Johnston [1919]

Employer legally extended the working hours by 30 minutes. The plaintiff wanted to leave but the gates were locked in.

Wilkinson v Downton

Emotional suffering

A man told a woman that her husband had been in a car accident. As a direct result, she got a psychological injury. The defendant was liable in tort for what was termed the “intentional infliction of emotional suffering”.

Powell v Boldaz

“First, that the making of a statement known to be false with the intention that it should be believed and with the intention of causing injury, which in fact results, is actionable”.

OPO and another v Rhodes

A man wanted to publish a book detailing sexual abuse he suffered as a child. The book was dedicated to his 12 year old son who had autism. The mother of his son sought an injuction restraining publication on the basis that is could cause psychological damage and emotional distress to the son. The trial judge said the tort could only apply to spoken works.

What elements do there need to be for intentional infliction of emotional suffering?

A conduct element for there is no legitimate justification

A mental elemental, intention to cause at least severe distress

An outcome element, a physical injury or recognized psychiatric injury.