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Issues:1. Can Gita sue the airline under trespass to person: false imprisonment?
2. Can Gita claim damages for her emotional distress under the liability in Wilkinson v
Downton?
First issue: Can Gita sue the airline under trespass to person: false imprisonment?
Law:
Trespass to person
Definition:- an unlawful intrusion that interferes with ones body or clothes
- physical touching, causing fear or threat of harm
4 types of trespass to person: assault, battery, false imprisonment, intentional
physical harm other than trespass to person
False imprisonment:
Definition
- intentional confinement or restraint of another persons freedom of movement without
authority or justification and without that persons consent
- if there is a reasonable escape route there will be no false imprisonment
3 elements of false imprisonment: intention to restrain the Pf, Dfs direct action to
restraint, complete restraint
1st element: intention to restrain the Pf
- must hv intention to restrain the Pf
- Elphinstone v Lee Leng San
- fales imprisonment cannot occur through negligence( intention to restrain is necessary)
Application:
- the authorities did not negligently lock her in the aircraft
- the airline detained her with intention because they are worried that she was a security
threat like a terrorist
- she was further detained for another 2 hours before she was allowed to leave the plane
at 5am
- thus, the element is fulfilled
- the court held that the Df was liable as he had intentionally performed the act which
caused harm to the Pf.
Intentional infliction of emotional distress
- the Df has deliberately sought to cause psychological harm to the Pf through outrageous
conduct
4 elements under the principle in Wilkinson v Downton
1. Positive act or statement: x omission
2. Intention to commit the act- deliberate and malice
3. The act is outrageous in nature, causing danger or suffering which is foreseen to
happen to the Pf
4. Damage to the Pf- psychological harm- actual damage must be proven
Cases applied Wilkinson v Downton
1. Janvier v Sweeney
2. Khorasandjian v Bush
Application
- there was a positive act from the airline to detain her
- the airline had the intention to detain her
- the detention is outrageous, causing her to fear that she would be taken somewhere for
interrogation
- it could cause damage to the Pf
- however, Gita claimed that she was suffering from emotional distress.
- It has to be proven by a medical report because the Wilkinson v Downton does not
provide a remedy for distress which does not amount to psychiatric injury.