Law of Torts

Question 1

David, Paul and Vanessa have just graduated and are at the offices of ABC Accounting Services Ltd - an accounting firm located in the central business district. ABC owns the offices that they exclusively occupy. ABC Accounting Services is hosting a recruitment information day, which David, Paul and Vanessa attended.

David and Vanessa were in a relationship but broke up shortly before the last final exam. Paul, who is also in David and Vanessa's class, and a friend of both Paul and Vanessa had always wanted more than friendship with Vanessa. After hearing that David and Vanessa have ended their relationship, Paul felt it was his opportunity on this day to ask Vanessa out on a date.

At the recruitment day, David sees Paul smiling and laughing with Vanessa. In jealousy, David tells Anna, a friend of Vanessa, who was present at the recruitment day that Paul has 6 toes- a secret he knew of Paul's. Paul had always hated his 6th toe. Anna then told Vanessa, who in turn asked Paul if what David said was true.

Paul angrily dashed towards David with clenched fists as David received a coke can from the waiter at the function. David stops Paul by throwing his unopened coke can. This hits Paul in the head. Paul then gets up and pushes David hard against the wall. As the wall was not thick, the wall collapses, and David lands on the floor space of the neighbouring offices of XYZ Tax Services Ltd. XYZ owns the offices that they exclusively occupy. As a result of the coke can hitting Paul, Paul collapses to the ground.

Paul is taken to hospital unconscious where Dr Dude is on duty. When Dr Dude was told of the day's events, Dr Dude felt sorry for Paul, and decided to amputate the extra toe. Paul wakes up in hospital and discovers the toe missing.

1. Can XYZ Tax Services sue David for the tort of Trespass? Provide reasons for your answer.

2. Paul is upset that he was unconscious after David threw the Coke Can at him? Can Paul successfully sue David for compensation? Provide reasons for your answer.

3. The surgery has left a permanent scar which upsets Paul. Can Paul sue Dr Dude for compensation? Provide reasons for your answer

Question 2

Dale is an amateur kick-boxer. During a practice fight, his opponent punches him in the face and breaks Dale's nose. Dale is extremely upsetand wishes to take legal action against his opponent. While Dale is on his way to come to see you for legal advice, someone unexpectedly hits him on the back of his head.

Advise Dale of the legal option in both incidents.

Question 3

Olivia is a keen gardener. She is particularly proud of the large apricot tree in her backyard, the branches of which overhanging her barbeque area and provide her with shade. Olivia awakes one morning, however, to discover that her new neighbour have lopped off almost half the branches of her apricot tree, hoping to get more light in their main bedroom.

Olivia is furious and seeks your legal advice.

Question 4

Paul, who was a regular customer at David's shop, was taken to the manager's office as a result of suspected shoplifting. The police officer attended the scene and said to the manager 'Do you wish to proceed?' to which the manager replied in the affirmative. Paul was subsequently acquitted of the charge of stealing.

Provide reasons for your advice to Paul of any possible action against David about his unpleasant experience.

Question 5

Michael, a retiree, granted a lease of the rear portion of his weatherboard residence to Ian College in order to provide accommodation for some of its students. Michael alleged that the noisy and rowdy behaviour of the occupants had annoyed him and affected his daily life.

Please explain to Michael if there is any possible action he could take against Ian College.