Herd v Weardale Steel, Coal & Coke Co Ltd [1915] AC 67
Case name & citation: Herd v Weardale Steel, Coal & Coke Co Ltd [1915] AC 67
- Jurisdiction: England and Wales
- Court: House of Lords
- Judge: Viscount Haldane LC
- Area of law: False imprisonment
Facts (Herd v Weardale Steel)
The plaintiff, a miner, agreed to work in a mine from 9:30 am to 4:00 pm. During his shift, he decided to strike due to a task he considered dangerous and demanded to be returned to the surface at 11:00 am. The defendants, his employers, refused to lift him to the surface before the end of his scheduled shift. He was not brought up until 1:30 pm. The miner claimed damages for false imprisonment, arguing that he was detained against his will since the lift was the only means of exit.
Issue
The central issue was whether the miner’s detention, because he was not allowed to use the lift to exit the mine, constituted false imprisonment.
Judgment
The House of Lords held that the defence of consent was available to the employer. The key points in the judgment were:
-The miner had voluntarily descended into the mine to work his agreed shift.
-The employers were under no obligation to bring the miner back to the surface before the end of the shift.
-It was ruled that holding the miner to the terms he had agreed upon did not constitute false imprisonment.
-The court invoked the principle of volenti non fit injuria, meaning that one cannot claim injury from a risk one has voluntarily accepted. Here, the miner willingly entered the mine under the agreed terms and conditions.
A Similar Case
Balmain New Ferry Co Ltd v Robertson [1906]:
In this case, the plaintiff was held to the contractual obligation of paying an exit fee, which was argued to constitute false imprisonment when he was detained for non-payment.
Both Herd and Robinson have been criticized by some people. Criticism of these decisions has been based on concerns that they could potentially allow situations where a person could be effectively imprisoned for merely breaching a contractual obligation (such as staying in the mine until the end of the shift), which might seem harsh or unjust in certain circumstances.
Summary
Overall, the case of Herd v Weardale Steel, Coal & Coke Co Ltd is significant in its application of the principle of volenti non fit injuria in the context of employment contracts and confinement, establishing that consent to enter into a potentially confining situation can negate claims of false imprisonment.
List of references:
- http://ndl.ethernet.edu.et/bitstream/123456789/60124/1/22.pdf
- https://nashashibilaw.weebly.com/uploads/2/0/5/9/20597118/principles_of_tort_law.pdf
- https://wohanley.com/law/outlines/Torts/Intentional_Torts/False_Imprisonment/Herd_v._Weardale_Steel,_Coal_and_Coke.html
- https://blog.ipleaders.in/false-imprisonment-in-tort/
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