Cloreta Mangaroo has been doing business as a retailer downtown for the past 30 years. Her business place is located in a board building on Orange Street in the heart of the business district. Over the past few years things have been getting a little tight financially, and the shoplifters coming into her store to steal things were getting on her nerves. She told her staff to be rough with these shoplifters to keep them away. She placed a sign over the cashier station that shoplifters will be dealt with severely. Martella and her friend Jubert went to the store on Monday morning at 10.00 am to get some going-out clothes for Martella who was going on a weekend holiday outing at Puerto Seco. She saw a pair of jeans that she liked, picked it up, and went and paid for it at Jennifer the cashier. Jennifer forgot to remove the beep gadget from the item and an alarm went off when Jubert and Martella were leaving the store. Lorna the front store manager, without enquiry, bawled out "THIEF" and Wareko the handyman came rushing from the back. It was every man for himself, because when Jubert saw Wareko's cutlass he fled down Orange Street in fright. Poor Martella, she was so frightened, tried to run in her hobbled skirt, but they cornered her, and being a little overweight, she tumbled down and broke her wrist. In her frightened and speechless state, she couldn't believe that she was the target until Wareko grabbed her by the left ankle and called out to Alphanso, the front guard, to help him pull her around to a back room on Mangaroo's premises. One woman in the crowd that gathered, was telling others "dem ketch one tiefing gal!" Wareko, Alphanso and a third person were about to administer a beating on helpless Martella, when the floorboard of the building gave way and all fell into a cellar below. A broken board ripped Martella's leg leaving a considerable gash, while Wareko himself sustained a broken collar bone. In the midst of the confusion, Jennifer the cashier came around the back shouting "a weh onnu du, the woman did pay fi har pants." The police came onto the scene to enquire. Cloreta Mangaroo also came onto the scene. She normally gets to the store at 11.00 am each day. She was very apologetic. Martella was taken by ambulance to the hospital where she was admitted in pain and suffering. Questions 1. Identify the category of proceedings that may take place based of the facts of the case: ____________________________________proceedings ____________________________________proceedings ____________________________________proceedings

2A. Ms. Mangaroo was not there when the events took place. Having not taken part in any of the activities. Can she be held responsible? Yes___________ / No ___________

2B If your answer to 2A is YES, on what basis can she be held responsible? On the basis of ___________________________________________. 3. Identify FIVE torts that may have been committed in the story: i)________________________ (ii) __________________________ (iii)____________________ (iv)____________________ (v)_______________

4. In relation to any TWO torts that you have identified at 4 above, state the elements that the claimant would have to prove in order to win:

Tort 1 ________________________________ Tort 2_______________________ Elements______________________________: __________________________ _______________________________ ___________________________ _______________________________ ___________________________ ________________________________ ___________________________ ________________________________ ___________________________ ________________________________ ___________________________