LLB102 Torts
TUTORIAL WEEK 3
Question 1
Asher Kiddy is a star of a television series and is often in the news. She recently made
the headlines by making some embarrassing and politically incorrect statements about
refugees in Australia.
Television crews descended upon Asher’s residence, a large house in Ascot that she
was renting. Carrie Buckwheat, a reporter with a local current affairs television
program, was first to arrive and went to the front door of the residence through the
unlocked front gate. When Asher answered the door, she told Carrie that she had
nothing to say and that she was to leave. Carrie ignored her and continued to press her
for a comment, only leaving as Asher’s bull mastiff, Tiny, appeared.
Advise Asher Kiddy as to any possible trespass to land action(s) that she may have
against Carrie Buckwheat on the facts.
Question 2
Pearson Herdman (‘the firm’) is an international accounting firm that owns premises at
Hamilton, Brisbane. Behind its office building is a large field. Although the field is not
part of the firm’s premises, it has been using it. The firm has set up tables on it for
employees to eat lunch outside, it has work picnics on the field and it uses the field for
sporting activities. Around 15 years ago, the firm built a new fence around its premises
and included the field within this fenced boundary. The firm even hired a gardener to
maintain the field’s grass and bushes. On several occasions, uninvited visitors have
been asked to leave the field as it is private property. No-one has ever challenged the
firm’s actions because there is no registered owner of the field.
Last Friday, it was the firm’s annual work party. The firm set up music and a barbeque
for the employees on the field. When the employees went into the field, they noticed
that the neighbour, Wally Williams, was flying a drone over the field from the patio of
his house. Once over the middle of the field, the drone dropped some pamphlets, before
flying back to Wally. The pamphlets outlined Wally’s beliefs (which were very
prejudicial and offensive to many ethnic groups).
Wally flies drones over the field from his patio quite often, and the firm’s managing
partner, Jess Pearson, has repeatedly asked him to stop. The pamphlets last Friday did
not fall upon or cause damage to any person, but some of them still remain on the field.
As was tradition, a friendly game of soccer was organised between the employees.
Rachel Zane and Mike Ross are both looking to be promoted within the firm, but there
is only one position available. They also have a history of hostility and competitiveness.
Rachel and Mike deliberately chose to be on opposing teams and when Mike missed a
goal, Rachel called him ‘Mike the Moron’; a name she knows Mike was bullied with at
school. Mike was enraged and when, a few minutes later, Rachel got the ball, Mike hit
Rachel in a very heavy reckless sliding tackle - causing Rachel to fall and break her left
wrist. Sliding tackles are allowed but are outside the game’s rules if recklessly done.
Rachel went to the hospital and incurred $300 in medical bills.
© QUT School of Law 1
LLB102 Torts
Fully advise on the likely success of any trespass action(s) by:
(a) Pearson Herdman (the firm) against Wally Williams; and
(b) Rachel Zane against Mike Ross.
Question 3
Tony Gleeson is walking down the road when he trips over his own shoelace. Alex
Talbot, who was passing by at the time, thought that Tony was about to fall onto the
paper stand which was on the footpath. If he did, this would cause the paper stand to
crash into a Lotus Elise sports car parked at the side of the road.
Alex pushes the paper stand away from the car before Tony can fall onto it, but this
causes the paper stand to hit Katherine Arthur instead who is walking past. Katherine
is seriously injured.
It has been established that an action by Katherine Arthur against Alex Talbot in battery
may be proven. Advise Alex on any relevant defence(s) that may be raised by him on
these facts.
© QUT School of Law 2