TORTS
In Torts, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.
Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual Results screen of the LEC Webcampus. Students are responsible for checking their Results screen and ascertaining their eligibility to sit for the examination.
The rules regarding the presentation of assignments and instructions on how to submit an assignment are set out in the Guide to the Presentation and Submission of Assignments available on the LEC Webcampus. Please read this guide carefully before completing and submitting this assignment.
The maximum word length for this assignment is 1200 words (inclusive of all footnotes but not bibliography).
Completed assignments should be lodged through the LEC Webcampus by 11:59pm (Australian Eastern Standard Time) on Thursday 9 July 2015.
Please download the Assignment Coversheet. The coversheet will be the first page of your assignment. Save it with the name you intend to use for the assignment, and begin your answer on the second page. Make sure you complete the Assignment Coversheet by entering in your Student Number, Full Name and Address Details and the Date you lodged your assignment on the Webcampus. Next to “Signed”, type your name to acknowledge that the assignment is your own work.
COMPULSORY ASSIGNMENT
Friday 31 October 2014 was a rainy Halloween Day. At approximately 4.30 pm, Francis, aged 14, entered the United Gold Coast Bank located at 231 Bank Street in the Sydney suburb of Newtown wearing a net stocking mask and raincoat. The mask was described as a “Kiss Mask” and depicted an open mouth with two protruding fangs and a bright red tongue. The top of the mask, covering the forehead and the areas around the eyes, was painted in a dark black colour and in the same motif and make-up style once worn by some members of the hard rock band called KISS.
Before Francis entered the bank premises, a security guard stationed outside the entrance noticed the mask and asked him to remove it. Francis removed the mask as requested, but put it back on when he went passed the security guard and entered what the bank officials described as the “banking hall”, where customers were queuing to be served by bank tellers.
On his entering the banking hall, there was what one customer described as “complete panic and chaos” among the customers who saw Francis in his mask. Francis yelled out in a loud voice: “Everybody be calm. I do not mean to harm anyone. I have only come to take my money.”
Realizing the panic among the customers, Francis decided to remove his mask, which had become wet because of the rain. He could not remove it. He attempted to reach for a handkerchief in the pocket of his raincoat to help him get a better grip to remove the mask. As he reach into his pocket, one of the customers screamed out: “Watch out; he is getting a gun, he has a gun, he has a gun!”
Fearing that Francis may be a bank robber, Alan Jones, a customer, attempted to flee from the bank but slipped and fell because of the wet floor, hitting his head on the tiled floor.
In an apparent attempt to calm down the customers, Francis, still attempting to reach for the handkerchief in his pocket, moved to Mr. Alice, another customer, and grabbed him saying: “Listen mate, I am no bank robber.” In spite of his statement, Mr. Alice went down on his knees and started pleading for mercy saying: “Please do not hurt me. I have two children. You can take all my money, but please do not hurt me!”
On hearing the screams in the banking hall, the security guard rushed in and wrestled Francis to the floor and handcuffed him, dislocating Francis’ shoulder in the process.
Lisa Moses who was working as a teller that day at the bank was severely traumatized by the incident. Even though Francis did not talk to her directly during the incident, she subsequently developed shingles, nausea and constant vomiting, causing her to seek psychiatric help over a period of three months.
Francis claimed that he wore the mask because he was on his way to a Halloween party; he had his mask with him, it was raining and did not want his hair to get wet.
Advise the parties, including the bank, of the torts that may have been committed, and the applicable defenses, if any.
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