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5. June 2027. Test Question 1. LumLum has recently separated from his wife, MumMum. Since the separation LumLum has been telephoning MumMum at all times
5. June 2027. Test Question 1. LumLum has recently separated from his wife, MumMum. Since the separation LumLum has been telephoning MumMum at all times of the day and night. MumMum is unable to sleep or concentrate at work and now has to consult her doctor on her depression because of the persistent disturbances. On the 21st of May 2024, due to his desperation LumLum telephoned MumMum to arrange a meeting. MumMum did not want to meet LumLum anymore and shouted abusive words towards him. LumLum was angry and in response warned MumMum that, "I am coming to settle things once and for all. If I cannot have you, nobody else will". MumMum acknowledges that her former husband is a drunkard and has beaten her before. She is frightened, and in panic, leaves the house to stay the night at her friend's house. It was raining that night, but she managed to catch the last train. However, she later realised that she has left all her money and personal belongings in her house. When the commuter train reached the intended station, the ticket collector, Badak, refuses to let MumMum off until she has paid for her train fare. MumMum was so annoyed that she swung her large umbrella at Badak. She missed and hit Koala, another passenger, instead. Meanwhile, LumLum arrived to find MumMum had gone out. He broke the door and entered the house to wait for MumMum to return, during which time he fell asleep. A next-door neighbour, Lisa BP, notice a figure entering the house suspiciously. She firmly believed that a burglary was about to take place at MumMum's house. MumMum had informed her earlier that she would be away for a day or two and had left her house keys with Lisa BP. Lisa BP quietly went to the house to lock the door grill using her own padlock and effectively prevented the "burglar" from getting out. She then went home to telephone the police. Discuss the potential liability of all the parties involved in the tort of trespass. (100 marks)
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