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Susie V. Paul's Case

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Torts problem question 1- Susie v Paul (Trespass to the person tort: Battery) The conduct element: In order for Susie to sue Paul in the tort of Battery, she would have to prove that a direct positive act committed against her (Holmes v Mather) , made direct contact with her person (Hutchinson v Maughn) against her wishes/ without her consent (William v Holland) and Marion’s case, with the slightest application of force (Cole v Turner) , she does not have to prove anger as in modern tort anger is not necessary to establish Battery as in ( Rixon v Star) ,and without lawful justification (Fontin v Katapodis) , Here, Paul’s act of directly grabbing her hand, made contact with her body and the facts indicate that she felt intimidated, meaning she didn’t consent to it, and there is no justification for his action. Element satisfied. The fault element: …show more content…

Damages: - Nominal: Highly likely to succeed as the tort is clearly made out. - Compensatory: Since the purpose of it is to restore the plaintiff to pre-tort condition, here, the fact that Bruce has suffered considerable harm will be factored in when calculation the amount. Under the Civil Liability Act 2002 (NSW) s29, the plaintiff is not prevented to sue for damages as a result of psychological harm, nevertheless, s31 limits the harm to a recognised psychiatric illness, Here, if Bruce’s illness is recognised then the court will most likely find Paul liable and Bruce will most likely be awarded damages under s33 of the act. - Aggravated: Here, Bruce might succeed by arguing that he was humiliated by suffering a relapse in front of a packed train. Paul can present the same defence as in the above case. - Exemplary: same as above, highly unlikely to succeed. Conclusion: Highly likely that Bruce would succeed in tort of Assault and get considerable compensation for his relapse if he is mental illness is

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