1. Can a negligent act amount to the intentional tort of battery?
Cite an authority in support of your answer.
2. Assume Greg is leasing a house at Billabong Street. Two months into the lease, Gunther, the owner of an adjoining block commences building works. Gunther has completed acid washing of the brickwork in his new property and the run off has flowed onto the property Greg is leasing, killing all the garden and lawn of Greg’s property. Greg will be required under the terms of the lease to have the lawn and garden reinstated. Does Greg have an action for trespass to land? Explain why or why not. Cite authorities for your answer.
3. Bill runs a pawn shop that also gives short term loans at extremely high interest rates. Hannai takes out a loan with Bill for $1,000. She leaves her watch as security for the loan. Assume there is no contract between them except an oral agreement that Bill will return the watch upon full repayment of the loan. Hannai repays $500, but after calculating the exorbitant interest, refuses to repay the rest of the loan. She seizes the watch from Bill. Does Bill have a tortious remedy? If so, specify the remedy and cite authorities.
4. Name three ways tort differs from contract.
5. Is taking goods out of possession of another conversion?
6. What are the two forms of bailment? Do the bailor and bailee have an action for conversion concerning the goods in both forms of bailment?
7. What are the three main aspects of a demand for return of a chattel that must be made before an action for detinue lies? Can this be made orally or does it have to be in writing?
8. Bryce is unlawfully evicted from his business premises by the landlord, Sharmi, who wants to sell the property. Sharmi wrote to Bryce, telling him to vacate the shop premises in 24 hours. Bryce failed to do so and so Sharmi emptied the shop out overnight leaving stock and fittings on the footpath outside in the rain. Bryce suffers significant loss to his business in missed trade, damaged stock and relocation/new lease expenses.
Answer the following:
9. What must be a plaintiff’s relationship to a good/chattel be in order for them to bring an action of conversion?
10. Steven, 8 years of age, hurries into the school toilet block just as the final bell for the day sounds. He takes his time. Unbeknown to the school or his parents, he is locked in the toilet block by a cleaner. The cleaner failed to check the block before locking it, and was unaware of Steven being in the toilet. After frantic searching for Steven by his parents and the school authorities, he is located in the toilet, traumatized by being unable to get out. He is locked in for 1 hour before being found. Is Steven (through his parents) able to sue for an intentional tort? Why or why not?
11. Coco has a large statue that she leaves in the front yard of the house she is renting. Chris, a neighbor, finds the statue offensive and request Coco remove it. She refuses. One evening, Chris goes into the yard and takes the statue. He leaves a note for Coco stating he will return the statue when she agrees in writing to not display it in the front yard. What tortious remedy does Coco have against Chris? What are the elements of the tortious remedy?
12. Name two differences in the way damages are calculated between an action for detinue and an action for conversion.
13. What is concurrent liability? Give an example.
14. Ahn has a prize thoroughbred stud. His neighbor, Lucas, one night drops the fence and takes a stallion into his paddock with intention of using it to inseminate his mares. Ahn realises what has occurred. He tells Lucas to return the horse immediately. Lucas states he will, once the stallion has had a chance to “do the job”. Ahn goes to Lucas ’property, cuts the bolt on the gate and seizes the stallion. Lucas sues Ahn for trespass. Does Ahn have any defence available to trespass? What are the elements of the defence?
15. How do the elements of the tort of assault differ from the elements of the tort of battery?
16. If a woman commits assault and battery on her partner, but does so because she believes that the partner is about to harm their children. The couple have a long history of violence. Does the woman have a defence to the common law tort of battery? What is the test at law? Cite an authority.
17. Mikala (22 years old) is in a car accident. Due to her injuries, she has lost considerable blood. Her religion prohibits her from receiving a blood transfusion and she makes this clear. It is the doctor’s opinion that she may die is she does not have the treatment. He accordingly sedates her and gives her the transfusion. Does Mikala have an action for an intentional tort against the doctor? If so, which tort? Cite an authority in support of your answer.
18. Explain the difference between trespass and actions on case in tort law today. Why would a plaintiff want to bring an action in trespass and not in case?
19. Syd operates a tattoo parlour. Rosie (18 years old) comes in one afternoon and demands that Syd put a tattoo of a naked male down her arm. Syd gives her the usual warnings about the permanency of tattoos and has her sign a form acknowledging she wants to proceed and that she understand the tattoo is permanent. Three weeks later, a statement of claim is served on Syd by Rosie’s lawyers. They allege he committed a battery, as Rosie now alleges she was not advised when having the procedure that it was permanent. It seems the tattoo has prevented her from following her life’s dream of entering the police force. Does Syd have a defence? If so, cite relevant authorities.
20. Does the Civil Liability Act 2002 (NSW) apply to the tort of false imprisonment?
21. 1 legal problem requiring you to apply an IRAC analysis.
You are required to review the factual scenario below. On analysing these facts, you should:
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My Assignment Help. Tort Law [Internet]. My Assignment Help. 2021 [cited 21 April 2021]. Available from: https://myassignmenthelp.com/free-samples/law1507-tort-law/the-elements-of-the-tort-of-assault.html.
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