Reference no: EM133539046
Tom is the president of the students' association at Macquarie University. Recently, the National Students Association in conjunction with the Academics' Union called a Freedom Day to protest at federal government funding cuts for tertiary education. The strike day coincided with a visit to Macquarie Uni by the Prime Minister. Tom and his associates organised the protests at Macquarie Uni.
When the Prime Minister's car entered the main gate of the University, Tom, Kim and a large group of students spat at the car and threw rotten tomatoes and eggs at it. The driver of the car, who was having difficulty negotiating a way through the protesters, was driving at about 10 kilometres an hour. When Simon, a student waving a placard, ran in front of the car, the driver accidentally put his foot on the accelerator instead of the brake, running Simon down.
Kim ran to Simon's aid but was grabbed by the arm by one of the PM's bodyguards. She yelled, "let me go, you gorilla" and the bodyguard replied, "if you don't get out of here you'll wish you hadn't said that, little girl. How would you like to lose a few of those movie star teeth?"
When the PM and the official party arrived at the great hall a group of students was waiting to shout their disapproval. Bob and Don, two of the University's security personnel, barred the way of the demonstrators into the main hall. The security men simply stood still, arms crossed over their chests, saying nothing, blocking the doorway, so as to prevent anyone entering or leaving the building. The students outside continued to shout their disapproval of the government but did not try to enter the blocked doorway. They claimed that they were afraid of what the security officers might do if they tried to enter.
Lee, one of the students who had gone into the hall before the PM arrived, tried to leave but Bob & Don stood silently in the doorway, ignoring Lee's requests for them to move so as to let him out. Lee pushed Bob in the back saying "let me out you thug" but Bob did not reply or move. Lee was not able to leave the Hall till after the official function was over an hour later. Security personnel similarly blocked other exits from the hall.
Questions
1. Identifying legal issues and potential causes of action is an important legal skill. Can you find at least seven potential torts in this hypothetical? For each potential tort, write down the plaintiff/s, the defendant/s and the tort.
2. Advise Kim and Lee on any possible tort claims they may have arising from these events. Support your analysis with reference to the elements of each intentional tort and any case law that will assist.
3. In class time we will only have time to look at claims by Kim and Lee, but in your own time you can work through all seven potential torts claims for further practice.