Whittaker v. Sandford case brief summary
F: D offered passage back to American on his yacht. While D’s told him of her afraidness of being locked in yacht, D
assured her that under no circumstances would hse be detained on board. On arrival in port, D refused to furnish her with
a boat so that she could leave the yacht. She remained on board for nearly a month.
I: Whether D’s refuse to provide the P with boat and making her remained on board is physical restraint in order to
establish a false imprisonment
Real reason of being confined is her and all of her important belongings (her children and her belongings)
R: When P consents to an initial confinement. If so, there will nonetheless be FI if the D is under a duty to release the P, or to help him escape, and does not do so.
Remittitur – reduce the damage or order new trial (choice)
C: affirmed
Co: Confinement does not have to be horirible.
F: D offered passage back to American on his yacht. While D’s told him of her afraidness of being locked in yacht, D
assured her that under no circumstances would hse be detained on board. On arrival in port, D refused to furnish her with
a boat so that she could leave the yacht. She remained on board for nearly a month.
I: Whether D’s refuse to provide the P with boat and making her remained on board is physical restraint in order to
establish a false imprisonment
Real reason of being confined is her and all of her important belongings (her children and her belongings)
R: When P consents to an initial confinement. If so, there will nonetheless be FI if the D is under a duty to release the P, or to help him escape, and does not do so.
Remittitur – reduce the damage or order new trial (choice)
C: affirmed
Co: Confinement does not have to be horirible.
No comments:
Post a Comment