Hi I wrote something ver near to what you wrotem fingers crossed we did ok? any body got any tips for equity? ----- Original Message ----- From: Rose Marie Zadorojny Vilella To: [email protected] Sent: Saturday, March 20, 2010 8:53 PM Subject: Re: Tort Exam
I said that he had committed an assault, as it she seemed to have an honest belief that she was about to be subjected to immediate force; I said that she could make a case that he had committed a false imprisonment and I went on to explain why, but said that that argument might not hold water, as he never told her, specifically, that she couldn't leave. But then I said that I would advise her to argue that she had been too afraid to leave, as she thought he would try and physically impede her exit. I said that he would contend that she had committed a battery against him, and said that I would advise her to raise the defence of self defence. I said that she might have difficulties in this regard as she hit him with her bag at the door of the house, just as she was about to leave (i.e., maybe the risk of him inflicting force on her had passed) but, on the other hand, if her belief that she was going to be subjected to force was honest, she might be able to successfully raise the defence. I said that if the court saw it this way, her chances, then, of succeeding or failing against his claim would depend on whether the court considered that the force she inflicted was proportionate to the feared impending harm. I hope I did alright :- / On Sat, Mar 20, 2010 at 8:09 PM, <[email protected]> wrote: i didnt think that false imprisonment would hold up as she got up to leave after he uttered his words to her- showing that her individual character was strong enough to show that his words didnt leave her thinking that she couldnt leave- as in the case where the ticket inspector came after the girl but she told the taxi man to leave- also her action to swing her back was voluntary and deliberate so it would constitute a battery- thats just how i dealt with it- ----Original Message---- From: [email protected] Date: 20-Mar-2010 20:03 To: "FE-1 Study Group"<[email protected]> Subj: Re: Tort Exam Hi all, Definitely a little obscure this time round. Found it ok thou, got four and a half done before having the paper ripped off me. How did people approach the assault, battery, false imprisonment question?? Very curious to know. Was also surprised that separate questions appeared on vicarious liability and employers liability, but happy at the same time. Best of luck to everyone for the rest of them. -- You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send an email to fe-1-study-gr...@googlegroups. com. To unsubscribe from this group, send email to fe-1-study- [email protected]. For more options, visit this group at http://groups.google. com/group/fe-1-study-group?hl=en-GB. I'm using Vodafone Mail - to get your free mobile email account go to http://www.vodafone.ie Use of Vodafone Mail is subject to Terms and Conditions http://www.vodafone.ie/terms/website -- You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/fe-1-study-group?hl=en-GB. -- You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/fe-1-study-group?hl=en-GB. -- You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/fe-1-study-group?hl=en-GB.
