tort law - trespass to the person questionWatch
Brad took out a private loan from Marcellus. Vincent, Marcellus’ debt collector, went
to Brad’s house to collect a payment. Vincent asked Brad for the latest payment after
Brad answered the door. Brad’s reaction was one of instant hostility. He pulled out a
gun, pointed it at Vincent and said: “leave, or I’ll pull the trigger”. Vincent turned
around and began to head towards his car. Brad began to follow Vincent and kicked
him in the back. Vincent stumbled to his car, entered it and locked the doors. Brad
walked up to Vincent’s car, pointed his finger at Vincent and shouted obscenities.
Vincent promptly drove away.
On hearing what had happened, Marcellus decided to visit Brad. Marcellus knocked
on Brad’s door. Brad answered and Marcellus immediately punched Brad, causing
Brad to lose consciousness. Marcellus then dragged Brad towards a cupboard under
the stairs. Marcellus pulled Brad into the cupboard and locked it. Brad soon regained
consciousness and escaped through a hatch inside the cupboard that led to his
basement. Marcellus later telephoned Brad and said that ‘he would soon catch up
with him and do more damage’.
Later that day, Marcellus went to a local bar with his girlfriend, Mia. Mia explained to
Marcellus that she wanted to end their relationship due to Marcellus’ violent lifestyle.
In response to Mia, Marcellus grabbed Mia’s arm, but Mia pulled her arm away and
left the premises. The next day, Marcellus decides to ‘get back’ at Mia by posting
intimate photographs of her on the internet. Mia suffers severe mental and emotional
distress as a result. In retaliation, Mia went to Marcellus’ house armed with a knife.
Marcellus answered the door and Mia pointed the knife at Marcellus in a fit of rage.
Advise Vincent, Brad, Mia and Marcellus, as to any potential liabilities that may arise
tort law practise question