Term Paper on "Torts Fred and Anna Ivan and Rosina"

Quoted Instructions for "Torts Fred and Anna Ivan and Rosina" Assignment:

Assignment Task:

Ivan and Rosina went out with friends to celebrate their engagement at Bar Roma, a popular Italian restaurant in East Sydney, which was always busy with customers. Bar Roma is owned and run by Claudio who often employs students and backpackers from overseas as waiters.

Seated at the table next to Ivan and Rosina*****s group was a large group of young men who were celebrating their grand final win in a touch football competition.

The men*****s table became noisier and noisier as the evening progressed, fuelled by drinking games and toasts. One of the young men, Fred, kept leering at Rosina. When she tried to go past to the ladies***** room, he first blocked her way with his arm, and then made suggestive comments as she went past. Then he took out his mobile phone and took a picture of her at close range. Ivan was furious, stormed over to the table and thrust his hands into Fred*****s pocket to take out the phone. He deleted the picture and put the phone back on the table. Fred stood up, with hands clenched into fists towards Ivan*****s face and said *****You wait till you*****re outside tonight, you d*head- you*****ll regret this***** but then slumped back into his seat and went to sleep.

Towards closing time and unknown to both tables, Claudio was dealing with a group of officials from the State Immigration Department, who had been given a tip-off that one of the waiters, Ricardo, was a backpacker who had overstayed his visa. Without obtaining the requisite warrants, they had come into the restaurant, stationed an official at each door, barring exit, and begun questioning Ricardo in the kitchen. In fact, Ricardo was on a valid working holiday visa. Ricardo was mortified.

Most of the patrons were too busy enjoying themselves and were unaware of what was happening. However, some were furious, and one of these, Tony, who wanted to leave, threatened an official that he would knock him over if the official did not get out of the way. The official did not budge. Tony was persuaded by his wife Carmela to sit down.

In one corner was a group of locals who knew that there was a side door to a lane through the kitchen (which was entered through a door with a *****staff only***** sign), but they stayed on to watch the incident.

After 20 minutes, the officials realized that their information was wrong and allowed the doors to be opened.

To cap the evening off, as Ivan and Rosina stopped to embrace passionately just as they were entering the nearby car park to collect their car, the parking attendant rammed down the shutter door without realizing they were standing under it. Ivan suffers serious head injuries. Rosina suffers post-traumatic stress disorder after this incident.

What causes of action arise on these facts? Do not consider defamation, negligence or trespass to goods. In your answer, consider defences and issues that might arise and the types of damages that may be appropriate.

Assignment Instructions:

The answer to the assignment must not exceed 4 pages, including footnotes. You must use 1.5 spacing and at least 11 point font and leave 2 cm margins on both sides, the top and foot of the page. Footnotes should contain only citations and references. Any pages in excess of 4 pages will not be read.

The assignment deals only with issues covered in topics of the course so far.

1. Historical background: the development of trespass and the action on the case

2. Trespass to the person; battery, assault and false imprisonment. Action on the case for wilful injury.

3. Trespass to land and airspace

4. Nuisance. The development of *****tort of privacy*****?

5. Defences to intentional torts.

All sources must be properly referenced in footnotes using the Australian

Guide to Legal Citation. See http://mulr.law.unimelb.edu.au/go/aglc

A bibliography is required of all sources used, other than cases which will be fully referenced in the footnotes. The bibliography is additional to the 4 pages of the assignment.

The educational objective of the assignment is to provide you with the opportunity to develop, in a problem-solving context, your understanding of particular issues, and to allow us to assess your ability to identify legal issues in hypothetical facts, carry out legal research, explain and an***** the relevant legal principles, use and apply primary and secondary authorities, write concisely and clearly, and structure your answer well.