Facts
A headmaster refused to let a boy go home with his mother until fees were paid. The boy did not know he was being kept.
Issue
Can there be if the claimant is unaware of the restraint?
Held
There was no false imprisonment because the boy was unaware of it.
Principle
Under the older view, the claimant had to know of the restraint.
Why it matters
Now overtaken by Meering v Grahame-White Aviation and Murray v Ministry of Defence.
Cited in these chapters
Cite this page
Herring v Boyle (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/herring-v-boyle> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.