Question
Kevin was shopping in Gearwood Department store on Christmas Eve.While there, he saw his friend Vinda who he had not seen for some time. They
Kevin was shopping in Gearwood Department store on Christmas Eve.While there, he saw his friend Vinda who he had not seen for some time. They decided to catch up and started to walk around the store together. As expected the store was full of last minute Christmas shoppers.
Two of the store's security guards noted that Melanie, another shopper was behaving suspiciously. They followed Melanie and observed that she appeared to taking up some items from different shelves and putting them in her purse. While following Melanie, the security guards observed that on several occasions, she ended up in close proximity to Vinda and Kevin. Vinda was seen talking to Melanie. Kevin was not seen talking to Vinda but the security guardsobserved that he was making some head gestures. They interpreted these gestures to be some form ofassistance to Melanie in stealing the items by indicating to her whether she was being observed or not. When Kevin and Vinda moved to another part of the store, three other men who identified themselves as security personnel surrounded them asked them to accompany them to an office. Kevin and Vinda complied and followed the men. When they reached the office, they found that Melanie was already there. Kevin was accused by the security guards of assisting Melanie in the theft of various products which they had found in Melanie's purse. Kevin was told to empty his pockets and was kept in the office for some twenty-five minutes until the police arrived. Nothing was found in Kevin's pockets and when the police came, they interviewed him and told him that he could go.
Kevin's day was about to get worse. When he arrived home, two police officers turned up and arrested him for the offence of rape. Kevin was told that his ex-girlfriend, Lucy had made a report that he had raped her several weeks before.Kevin eventually had a trial a few months later. At the trial, the prosecution called Lucy to give evidence and she told the judge and jury that Kevin had drugged her and raped her after a date. The trial had attracted a lot of publicity and was being televised. Kevin's lawyer Jude, managed to prove with video evidence that Lucy was not telling the truth as Kevin was in Germany at the time of the alleged rape. Kevin was found not guilty.
After the end of the trial, Kevin returned home deciding that he needed to make a radical change in his life. He bought a piece of land and built a nice retirement home in the countryside. Kevin soon realised that his dream of quiet country living was not meant to last long as a few weeks later, Benny, a neighbour decided to start operating his cottage as an Air BnB. Persons who rented the property started to have parties at all times of the day. The noise was so bad that Kevin had to a nearby motel each night to get some sleep.
Alas, poor Kevin. In preparation for winter, he went to Gerty' s garage and had his winter tires put on. While driving down the highway, one of his tires came of his vehicle and flew through the windshield of Marty's vehicle causing him to be seriously hurt. The police investigation revealed that Gerty had not tightened the wheel nuts on Kevin's car properly and as a result, the nuts came off. This had caused the wheel to come off the car.
You are required to:
- Identify and explain all of the torts which arise in this scenario. You must also discuss any tort related issues that can be discerned in this scenario. You must clearly indicate the persons who have committed the tort and who the victims are.
- For each tort that you discuss, you must first outline the elements of the tort and show how these elements are presented on the facts given.
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