False Imprisonment : A Tort Of Strict Liability

2019 Words9 Pages
False imprisonment is a tort of strict liability due to the fact that there is no requirement as to that the imprisonment be carried in bad faith., Kirby J stated, this is because the focus of this civil wrong is on the vindication of liberty and reparation to the victim, rather than upon the presence of absence of moral wrongdoing on part of the defendant. The defendant might have believed that their actions were of interest, but this is not a defence. False imprisonment is a significant tort that is taken at the highest level of court as it provides a remedy for victims who have been unlawfully detained because it had deprived their personal liberty. Gray J stated that, the torts of false imprisonment is committed when one person directly subjects another to total deprivation of freedom of movement without lawful justification. The onus of proof is that the defendant must prove that the defendant personally, or through the conduct of the persons for whom the defendant is responsible directly participated in the plaintiff’s false imprisonment. It provides a remedy for an individual whose personal liberty has been unlawfully restrained, especially in respects to the government and their power. Providing a remedy for breaches of civil liberties is the most important element as it prevents government and law enforcement agencies to abuse their power. False imprisonment provides many boundaries as it arises social, ethical and doctrine issues. There may be circumstances in
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