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Robinson v Balmain New Ferry Co (1910)

Last modified: Thu Feb 23 16:37:37 2006

[1910] AC 295 (PC). The claimant paid for a ferry crossing and entered the defendant's wharf. He changed his mind and asked to be let out. He was only released on the payment of a penny. His action for false imprisonment failed, it appears, because he voluntarily placed himself into a situation where where his liberty was deprived, and had a contractual obligation to his imprisoner. This is an awkward case, because it appears to have all the elements of a false imprisonment. Clearly if I invite you into my house, then charge you money to be released, that would constitute a false imprisonment. If I invite you into my house, on the understanding that you would leave by the back door, then charge you money to leave by the front door, is that false imprisonment? According to Robinson it probably would not be. If Mr Robinson had not had a penny, could the ferry company have locked him on the wharf until he starved? On the other hand, if I voluntarily board a non-stop train from London to Glasgow, is it false imprisonment if the train operator refuses to let me off at Potters Bar?

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