CONTACT SUPPO Chuck accuses Fred of being unpatriotic and he categorically refuses to remove the flag. The screaming becomes so loud that Fred's wife, Kamala, comes out to see what it happening. Kamala grabs the flag when Chuck is distracted. She begins to run off with the flag. However, Chuck grabs Kamala by the arm and pulls her over to him. Chuck pulls away the flag and sits Kamala down in a chair on his property. He yells: "You are a THIEF!!! You stay in that chair until the police arrive. If you move, I will lose my temper" He raises his arm with a fist and holds it in the air, as if ready to punch Kamala. The look in Chuck's eye is enough to convince Kamala to stay in the chair. Thirty minutes pass before the police arrive. Chuck, Fred and Kamala awkwardly wait; all fuming with anger. The police come and tell Chuck, Fred and Kamala to return to their homes and stop "bickering". QUESTIONS (1) (10 Marks) Fred wants to "sue" Chuck for the annoying flag that disturbs his brunches. What Torts are available to Fred and what elements need to be proven for each Tort? (2) (5 Marks) What Defences could Chuck use for the Torts used by Fred? 99- 6) $2830 at P = 2830 R3 0.15CONTACT SUPPORT FINAL EXAM - SP5 2022 > Examination PART B - Question 4. - Torts Law (Deliberately Causing Harm) - OPTIONAL - (35 Marks) Fred and Chuck are neighbours. They practically hate each other. Chuck frequently expresses political views that Fred firmly disagrees with. Chuck has recently installed a flagpole in his front garden, quite close to the fence that separates the property of Fred from Chuck. From the flagpole, Chuck flies a very large Australian flag. When the wind is blowing strongly from the West, the large flag extends into the airspace above Fred's property. In fact, when Fred is enjoying a brunch on his back porch, the sunshine is always literally blocked by the massive flag flying just above. And all Fred can hear is the continual rustling of the flag as it continually whips around because of the wind. Trying to be a good neighbour, Fred does not mention the fact that his weekend brunches are now completely disrupted by Chuck's massive flag flying overhead. However, everything changes one morning. When taking out the bins at the same time, Chuck and Fred begin a conversation. chuck's comments enrage Fred to the point where they begin to shout at each other. Fred is screaming that Chuck must take down the flag. Chuck is screaming that Fred is a woke liberal who is ruining the country. Fred's anger prevents him from explaining to Chuck the reasons why the flag annoys him so much (the ruined brunches). Chuck accuses Fred of being unpatriotic and he categorically refuses to remove the flag. The 994 190 6) $2830 at P = 2830 R 3 0.15 T = = = 05CONTACT SUPPOR'I (1) (10 Marks) Fred wants to "sue" chuck for the annoying flag that disturbs his hernches. What Torts are available to Fred am: what elements need to be preven for each Tort? (2) (5 Marks) What Defences could Chuck use for the Torts used by Fred? (3) (10 Marks) (It) (5 Marks) What Defences could Chuck use for the Torts used by Kamala? (5) (5 Marks) What type of remedies exist with a successful Torts claim? CONTACT SUPPORT (b) (5 marks) What Administrative body would Frida complain to if she used the law you chose in the previous question? (c) (10 marks) Assume Mr. Armstrong finds out about Frida's complaint. Mr. Armstrong walks quickly to Frida and says "get your things you ungrateful w---, just get out. You're fired". Frida loves her job. What area of Employment law can she use to be reinstated and what requirements would she need to meet? (d) (10 Marks) What factors could Frida use prove her dismissal was "harsh, unjust or unreasonable"? (e) (5 marks) If Frida is successful in her claim against her employer, what remedies are available under the Fair Work Act? A v B U X2 x2 E 99- 19 C M C F5 F6 F7 F8 F9 F11 % & EK 6 8 CO O T Y U O P