FLSB-Topic-4-Discussion-questions-on-Tort

FLSB-Topic-4-Discussion-questions-on-Tort - FLSB-Topic...

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FLSB-Topic 4-Discussion questions on Tort Question 1-Battery, assault and false imprisonment Eric had just won a darts game in the Dog & Duck public house. As he returned to his seat, he was cheered on by his friends; Jockey, his opponent, slapped his shoulder in a hearty fashion to congratulate him on his victory. Eric was off balance at the time and tumbled over, injuring himself. Eric shouted at Jockey, ‘You swine, you did that on purpose, I’ll see you outside in two minutes.’ Fearing the worst, Sid, the owner of the Dog & Duck, grabbed Eric by the shirt collar and frog-marched him to his office. Eric resisted violently, aimed a punch at Sid, but missed. Sid managed to calm Eric and persuaded him to remain in the office in order to avoid further trouble. Having left the office, Sid asked two burly friends, Peter and Phil, to ensure that Eric did not leave the ground floor room. Four hours later, Sid called the police. In the meantime, Eric slept off the effect of the alcohol and was unaware that Peter and Phil were there. Consider whether or not any causes of action in trespass to the person are revealed by these facts. Battery: Direct use of physical force Eg. A simple touching Jockey Eric - Slaps his shoulder: the violence is quite excessive in terms of congratulating others Protect the dignity of human body Sid Eric The grabbing and frog-marching can also give rise to battery Assault: word or conduct to threaten the others and must have fear Eric Jockey - Verbal assault in terms of the context Eric Sid - A violent punch is likely to cause Sid to fear for his own safety ( Assault of conduct by Eric) False imprisonment: Total restriction on your freedom of movement Sid Eric
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- Can be falsely imprison when drunk (sue the two guys) - Need not to be aware of the falsely imprisonment - Sid, Peter and Phil can argue that if you suspect Eric is a criminal and hand him to the police ( arrest a criminal suspect) want to protect the law and order in the club house - Eric: only civil assaults: not entitle to arrest him - Sid, Peter and Phil will try to argue that they don’t know the law as they are not a lawyer but they detain Eric for too long (4 hours) make the arrest unlawful (Should hand him to the police IMMEDIATELY after arrest, cannot detain that guy for 4 hours) Question 2—Psychiatric harm, primary or secondary victim and proximity D the driver of a stock car, negligently fails to maintain his vehicle. In the course of a race, which is being televised, D’s brakes fail and his car crashes into a crowd of spectators. The car narrowly misses A but strikes and kills B. B’s daughter, C, is very
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