Citation: 7 U. Ghana L. J. sixty six 1970
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RECORDS AND FEEDBACK
ARTICLE 12-15 OF THE METABOLISM AND THE
ATTEINTE OF FALSE IMPRISONMENT
directly to personal freedom is heavily protected simply by Article 15 of the Cosmetic of the Second Republic of Ghana. The objective of this be aware is to explore the effect that the constitutional ensure of liberty from irrelavent detention may have within the common rules tort of false imprisonment.
A much contested issue about the tort of false imprisonment is whether knowledge of confinement can be an essential element of the atteinte. Some writers I have contended that the tort protects a mental fascination and consequently the fact that plaintiff must have known of the act triggering his confinement, at the time the defendant dedicated this take action. On the other hand, it could be argued that any confinement of an person, whether or not he is aware of this sort of confinement, is an infringement of that individual's civil liberty. According for this view, knowledge of the confinement would be entirely immaterial. The protection in the civil liberties of individuals is so important a social and political target that the reality the particular specific whose freedom has been restricted is unaware of the limit should not help to make any materials difference for the enforcement with the principle that nobody's freedom should be curtailed without his consent.
There is support a couple of for the view that it ought to be possible for a person to sue intended for false imprisonment, even though having been not aware of his confinement at the time it was a little while until place. However , such support has not been based on what a single might call up the constitutional law disagreement set out previously mentioned. It has been advised that, from the point of view of protecting protection from outlawed detention pertaining to infants, oie, lunatics, drunken persons and so forth, knowledge of the confinement should not be an essential component in the atteinte of false imprisonment. '
Judicial specialist for or against the perspective that understanding by the individual of his confinement at the moment it took place is a necessary THE
I realize e. g. Street, Legislation of Atteinte (4th education. 1968), g. 26.
a couple of See Prosser, " Bogus Imprisonment: Mind of Confinement" (1955) fifty five Col. T. Rev. 847. See likewise per Atkin L. J. in Meering v. Graham-White Aviation 3
Co. (1919) 122 L. T. 44.
See Prosser, op. cit.
Notes and Comments
requirement of the atteinte of bogus imprisonment is very scanty. Not any relevant Ghanaian decision within the issue is recognized to the author. You will find two relevant but conflicting English decisions. The first of these is usually Herring v. Boyle. " The facts with this case are as follows: a mother took her kid to a university of which the defendant was schoolmaster. During the Christmas holiday period, it seems that this schoolmaster refused a credit application by the mom that the son should be quit to her. Obviously, the schoolmaster had said that unless the mother paid out the fees due in -respect of the boy this individual could not be allowed to go on holiday. The Courtroom of Exchequer thought that this conduct by schoolmaster did not constitute phony imprisonment seeing that, inter alia, this carry out was not seen to the boy alleged to have been unlawfully held. Baron Bolland said:
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