Trespass to the Person

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  • Topic: Tort, Trespass
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  • Published : May 2, 2012
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Law of Tort
Trespass to the Person
Additional Problem Questions

Question 1
A and B, two rather unkempt students, are passing the time of day in the street and are sharing a bottle of vodka. C, a businessman, is walking on the other side of the road when he starts to shout derogatory comments about A and B’s appearance. A moves towards C in a menacing manner and shouting obscenities, but is unable to cross the road due to the high volume of traffic. C leaves, returning ten minutes later carrying an umbrella. He aims a blow with it at A but misses, hits B rendering him unconscious. A, fearing for his own safety, strikes C over the head with the bottle of vodka. A then locks the unconscious C in a nearby shed where there is an open skylight.

D is a witness to these events and grabs A by the neck and restrains him until PC Plod arrives, taking A to the local police station. PC Plod arranges for B to be taken to the local hospital. In a semi-conscious state, B makes amorous advances to E, a female nurse. Subsequently, B slips and falls heavily on his head rendering him unconscious again. Dr F decides that emergency surgery is necessary, entailing a blood transfusion to which B would have objected on religious grounds, had he been conscious.

Advise all parties of their rights and liabilities in the law of tort.

Question 2
T is the managing director of a small company. He calls a meeting for the directors in the company’s boardroom. T wants to introduce a new business proposal and while he is giving his presentation to the other directors, he is interrupted by heckling from his rival in the company, M. M Shouts: “I’m fed up with you going on and on. If this wasn’t a board meeting, I’d shut you up good and proper.” As he says this, M waves his fist in T’s direction. J, one of the other directors, enters the room at this point and, on seeing M’s behaviour, runs at M and throws a punch. M ducks and J hits K. K is knocked backwards and, trying to steady...
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