Question One
The facts indicate an assumption that false imprisonment was evident through Miss Katie’s actions. To begin with, the assumption arose with respect to Miss Katie intending to ‘punish’ both Rhani and Toby, which in criminal law deals with “confinement inflicted upon a person”. In addition, the facts prove that Miss Katie was the only instructor present at the time, in which it is probable that she had possession of the keys when she had shut the door and shouted through the ‘keyhole’. Therefore, it is apparent that a conclusive assumption was drawn based upon the facts that false imprisonment had occurred.
Question Two
It is conclusive that all conduct elements have satisfied false imprisonment with regards …show more content…
Although the facts are limited in this case, it is obvious that Miss Katie had intended to engage in a ‘direct act of interference’ as opposed to consequential, constituting trespass.
The facts also indicate that total physical restraint of Rhani and Toby were evident. This had come to attention due to the fact that the room was located on the second floor with access to one possibly locked door, along with a row of windows on one wall that would impede free movement in all directions.
Last of all, the fault element in false imprisonment is usually intention to deprive the plaintiff of their liberty. This, however, was evident through Miss Katie intending to prevent both Rhani and Toby from leaving their class at 5.00pm, as she had insisted that they should remain in the ballet studio until 6.00pm as a punishment.
Question Three
Miss Katie’s actions satisfy the fault element of false imprisonment. Not only was it intentional, but the principle of negligence can also be sufficiently applied to this case. This is because the facts demonstrate that Miss Katie had an arrangement with the parents that they will walk home together when their class had finished at 5.00pm. As previously mentioned, Miss Katie had intended to leave both Rhani and Toby in the ballet studio until 6.00pm, which ultimately fails to exercise reasonable care, as the parents have been told false information. As a result, it is deemed appropriate based upon the facts to accuse Miss Katie for constituting both intention to deprive liberty, as well as