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    TUT. 5 Trespass To Person

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    Britney valladares

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    TUT. 5 Trespass To Person

    Uploaded by

    Britney valladares
    99 views2 pages

    Original Title

    TUT. 5 Trespass to Person

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    99 views2 pages

    TUT. 5 Trespass To Person

    Uploaded by

    Britney valladares

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Tutorial: 5.

    Topic: Trespass to person

    1. Miss Anita, an old lady, is walking along the busiest highway in town. She the
    attempts to cross the street. Marcus, who has been walking behind her, rushes up,
    holds her hand in an effort to assist her to cross. Anita is startled and almost falls.
    Goodison, thinking that Marcus is attempting to mug the old lady, runs up to Marcus
    and slaps in the face.

    Constable Howard who is passing by asks Marcus to accompany him to the nearby
    police station to sort things out. At the police station Marcus is asked to sit in a room
    while Constable Howard goes to search for his superior. Marcus falls asleep not
    knowing that Constable Howard had locked the door with the key to prevent him
    from leaving.
    Miss Anita arrives at the station an hour later and tells the police that it was all a
    mistake and that the nice young gentleman was merely helping her to cross. Marcus is
    released immediately.
    Discuss, with reference to decided cases, the liability of Goodison and Constable
    Howard for assault, battery and false imprisonment.
    Total 25 marks
    2. (a) Write brief notes on ‘malicious prosecution’ referring to at least ONE decided
    case.
    [10 marks]
    (b) Kevin, a clerk, is leaving the office one evening with a parcel containing some
    personal effects which he collected from his cousin earlier that day. Donman, the
    security guard, demands a search and, upon examining the contents of Kevin’s bag,
    accuses him of stealing. He calls a policeman who, despite Kevin’s protests, takes
    Kevin to the police station where he is held overnight and released next morning. The
    charge against him for theft is subsequently dismissed by the magistrate.

    Advise Kevin whether or not he can succeed in a claim against Donman and the
    policeman. Give reasons for your answer. [15 marks]
    Total 25 marks

    3. (a) With references to decided cases, explain the following:


    (i) Assault
    (ii) Battery [12marks]
    (b) Adam sees ahead of him in the streets an individual who, from the rear, looks
    remarkably like his former girlfriend, Barbara. He sneaks up behind the person,
    taps the person on the shoulder, and tenderly kisses the person on the cheek. It is
    not in fact Barbara, but, Calvin, who wears his hair in corn rows. Calvin screams
    and throws a punch at Adam which misses. Adam runs off screaming. Calvin
    runs behind him shouting, “If I catch you, you’ll see…”
    Advise the parties on any liability or claims they may have. [13 marks]
    Total 25 marks

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