Civil Liability Act 2002 – Law Assignment

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Civil Liability Act 2002 – Law Assignment

Internal Code: MAS4160 Law Assignment: Leah catches a train home from work on Wednesday evening. Although there are some people on the train, it is not particularly crowded as it is after peak hour. There are several vacant seats available. Leah is standing in the foyer of a train carriage (where people get onto the train) because she is only travelling for a few stops. She is holding onto the yellow metal handrails in the centre of the carriage foyer. A man dressed in a suit, Adam, is standing behind Leah and is pressed up against her. Leah is horrified to realise that Adam has an erection and is pressing it against her. B. On her way home from work on Monday evening, Leah sits on a seat on the train. She has the top half of her hair tied back in a ponytail elastic. She is sitting next to the window underneath a sign saying, ‘DO NOT PUT FEET ON SEATS: ON-THE- SPOT FINE $200’ with her back to a group of older teenage girls who are giggling. Leah is tired, so she puts her feet up on the seat opposite, and leans her head on the window, half-asleep. When Leah gets off the train she realises that the chunk of her hair in the ponytail has been cut off. Leah speaks to the security guards at the train station the next day and the CCTV footage from the train shows the girls cutting off Leah’s hair with scissors. Questions: 1. Might Adam’s actions in Part A of the problem question satisfy the conduct and fault elements of any trespass? Explain why or why not. 2. Explain whether any defences might be available to Adam. 3. Consider the teenage girls’ actions in Part B of the problem question. Might the elements of any trespass be made out? Explain why or why not. 4. Explain whether any defences might be available to the teenage girls. 5. Consider Tony’s actions in Part C of the problem question. Might Tony be liable for any trespass? 24 total views, 2 views today


   

 

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