Introduction
Welcome Year 11.
We have spent the past two lessons learning the definition and elements of "trespass to person" torts. Now it's time to see this tort in action.
Today, you are journalist for a reputable media organisation.
You have been asked to provide your readers with a clear and accurate case report about a trespass to person case.
Put on your reporter hat and let's get going....
Task
Your Mission:
1. Decide which type of 'trespass to person' case you would like to cover today:
A. Assault and Battery
B. False Imprisonment
Process
STEP ONE (2 minutes)
Now you have chosen the type of case you'd most like to cover, use the table below to help you select a case. (Spend a maximum of 2 minutes doing this).
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FALSE IMPRISONMENT CASES |
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CASE |
ABOUT |
URL |
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Houda v New South Wales [2005] NSWSC 1053 |
A solicitor is falsely imprisoned for standing up to a policemen who swore at him |
http://www.legalaid.nsw.gov.au/__data/assets/word_doc/0014/14081/Actions-Against-Police-For-False-Imprisonment.doc (Read paragraphs 56 - 71). |
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ASSAULT AND BATTERY CASES |
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Eaves v Donnelly [2011] QDC 207 |
Renee Eaves, swimsuit model, sues Constable Donnelly for arresting her and holding her in a cell for 2.5 hours |
Textbook, page 191 |
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Rixon v Star City Pty Ltd [2001] NSWCA 265. |
the plaintiff was approached by one of the casino’s staff, who placed his hand on the plaintiff’s shoulder and asked him if his Name was Brian Rixon. |
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Gregory v State of New South Wales |
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When you have chosen the case you want to do, either follow the link (by opening the corresponding URL in a new window) or find the case in the text book and proceed to step 2.
Step 2 Using the given resource, find out the following about your chosen case. If you resource does not have all the information, go to www.austlii.edu.au). This step should take about 20 minutes - Ask Mrs P if you get stuck!
Information to gather:
Full Case Name and Citation:
Name/s of the Plaintiff/s (person bringing the action):
Name/s of the Defendant/s (defending the action):
Issue/s being argued about: (Number them)
What the Court Decided about the Issues:
Was the Plaintiff succesful?
What Remedies did the Plaintiff obtain?
Step 3: (Should take 2 minutes)
Now you have the facts, go to our class blog (http://kidblog.org/Year11LegalStudies/wp-login.php?loggedout=true). Log in by selecting your name and entering your password (See Mrs Patch if you forget it). Create a new blog post.
Step 4: (Should take 15 minutes) Paste your answers to Step 2 into yur blog summary. Add an introduction. Preview your blog post and make any necessary changes (look at spelling and grammar and ensure you addressed all the points listed at Step 2).
Step 5: (Should take 5 minutes) End your summary with a reflection. Decide how well you think the law protected the Plaintiff's rights in this case. Was the amount of damages (if any) paid sufficient?
Step 6: Publish your blog to our class forum and Notify Mrs Patch
Evaluation
And now <DRUMROLL> it's time to...
STEP ONE: Ask Mrs Patch to assign you the blog of another classmate who has also completed their case summary.
STEP TWO: Read that person's blog entry on our class blog.
STEP THREE: Think about the following and write a response to post on that blog. (Remember to use your best blog-ettiquette!)
1. In this case, do you agree or disagree with your classmate's conclusion about how effectivley the tort of trespass addressed the plaintiff's needs? Why?
2. (If your classmate chose a different case to you) State the name of the case you researched then discuss the similarities and differences you see between the case you researched and this case?
3. (If your classmate chose the same case as you) Was your opinion the same or different to the opinion in this case? List the similarities and differences.
STEP FOUR: Post the response you wrote in Step Three (remember to spell check!!!)
Conclusion
You have completed today's task.
Well done!!!
If you have time left over, please read the other blog entries posted today on our 'Year 11 Blog'.