FALSE IMPRISONMENT

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Across
  1. 3. Defence: there can be no false imprisonment if the defendant can show there was a ‘reasonable means of —’ available to the plaintiff (visual clue [pokemon card: escape rope])
  2. 4. False Imprisonment requires a …… act by the defendant which causes a total restraint of the liberties of the plaintiff.
  3. 5. Intentional torts (i.e. false imprisonment) require —---- or negligence (hint: see William v Milotin (1957)).
  4. 7. Agree/Disagree: One individual preventing another from exiting a commercial space against their will, may constitute false imprisonment..
  5. 9. Depriving the liberties of a party by threatening harm to them or a loved one would be an example of false imprisonment by —-- (hint: see Balmain New Ferry v Robertson [1906])
  6. 10. If the plaintiff has an alternative path or means of retreat (see Bird v Jones), as long as that is a reasonable means and not notional (see McFadzean v CFMEU [2004]), then the necessary total restraint of liberties is not established.
  7. 13. Scenario: While attending a sporting event, a fan attempts to leave the game early. The sole exit gate is blockaded by a security barrier that is manned by two security guards. The security guards place their hands on the fan’s shoulder to prevent them attempting to pass the barricade and inform the fan that they may not leave at this time. Would these elements potentially satisfy the requirements of an assault and battery (Battery) or a false imprisonment (Imprisonment)?
  8. 15. The onus of proof is initially on the defendant to establish the total restraint of liberty, before shifting to the plaintiff. (hint: see: Ruddock v Tayor (2005)).
  9. 18. The standard of proof is on the “balance of ____” (hint: more than a possibility).
  10. 19. There can be no false imprisonment if the plaintiff is —- that any restraint has occurred (hint: straight jacket emoji). (Hint see: Murray v Ministry of Defence [1988]).
Down
  1. 1. False imprisonment may be established without physical force where the plaintiff has made a complete —-- to the control or authority of the defendant (hint: see Symes v Mahon [1922])
  2. 2. Scott v —- is the authority for the principle that a direct act can comprise a series of acts. (hint: shepherd emoji)
  3. 6. False imprisonment is an intentional tort also known as —-- to person.
  4. 8. Defence: There can be no false imprisonment where the plaintiff has consented to the restraint of liberties.
  5. 11. To establish false imprisonment, there must be a —-- restraint of the liberties of the plaintiff (hint: see Bird v Jones (1845))
  6. 12. True/False: False imprisonment is actionable per se. There is no requirement to show proof of loss or harm. (harm emoji)
  7. 14. A successful plaintiff [in a false imprisonment action] will be entitled to receive an award of damages, including special damages, general damages, nominal damages, exemplary damages, aggravated damages, or possibly more depending on the specific facts of the case. This may include damages for loss of —-- capacity, or loss of —--- of life where there has been personal injury suffered.
  8. 16. Defence: —---- justification is a complete defence against an action of false imprisonment. (hint: police emoji)
  9. 17. It does not matter that the defendant intended the specific outcome if the defendant has acted negligently, without due —-- (hint: care bear)