andrea its me nicola 4m the revision course just incase u didnt cop it!
  ----- Original Message ----- 
  From: [email protected] 
  To: [email protected] 
  Sent: Saturday, March 20, 2010 9:52 PM
  Subject: Re: Tort Exam


  ya i went through all those options too but concluded on my last email so 
fingers crossed too- 



  does anyone have the consolidated treaties for eu- i got the 2009-2010 one 
thinking it included the lisbon treaty but guess what it doesnt!!! what is 
everyone else bringing in with them? 

  ----Original Message----
  From: [email protected]
  Date: 20-Mar-2010 20:56 
  To: 
  Subj: Re: Tort Exam



  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.

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