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Law of Torts
But later, he became aware that he has been locked in the caf after he woke up at
3 am and discover the door had been locked. But, in this case Abu does not try to
find a reasonable way out of the caf instead he just choose to spent the night in
the cafeteria when in fact there is another exit through the kitchen for him to get
out. When there is a reasonable way out, it must be used and the plaintiff cannot in
those circumstances claim that his liberty has been restrained. Plus, in this
situation, the ABC cafeteria proprietor has been negligently locked Abu in the caf.
The false imprisoned cannot be established through negligent, defendants intention
is prequisite. The proprietor has no intention at all to locked Abu in the caf. The
reason he locked the caf is just his duty as the business hour has ended for that
day and not to imprisoned Abu. So, if there is no intention it cannot be said that
there is a direct consequence from ABC cafeteria proprietor to falsely imprisoned
Abu. Besides, if the proprietor did have the intention to imprisoned Abu, he will still
exempted from the false imprisonment as there is a reasonable way out for Abu to
get out of the caf. So, there is no elements of false imprisonment have been
fulfilled.
In a nutshell, Abu will not succeed in an action for false imprisonment
against the ABC cafeteria proprietor.
Siti Fatimah Zahrah Saidi - Wan Nur Dayini Izzati Wan Mohd Izani-Balqis SallehAizatul Rusyda Ahmad Pauzi - Wan Nur Shazlina Wan Hanafi - Nurul Wafda Mohd
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