Make reference in your answers to relevant cases and sections of the Civil Liability Act 2002 (NSW).

Rhani and Toby, both aged 16, attend ballet classes on Tuesday afternoons at Miss Katie's School of Dance, with a group of other ballet students.

Rhani and Toby have an arrangement with their parents and Miss Katie that they will walk home together when their class finishes at 5.00pm.

Last Tuesday, Toby was being quite naughty in ballet class, checking his mobile phone during the class, answering Miss Katie back in a rude voice, showing off to the girls, and refusing to do his dance exercises properly.

During the class Rhani snuck over to Miss Katie's handbag and, when she thought Miss Katie was not looking, Rhani stole her ballet shoe keyring, placing it in her own backpack. Rhani did not realise that Miss Katie saw her steal the keyring.

At 5.00pm, when the class finished, Miss Katie allowed the other students to leave but asked Rhani and Toby to 'stay behind for a minute'. They both said, 'Yes, okay'.

Miss Katie then shut the door to the ballet studio and shouted through the keyhole, 'You two can stay in there until 6.00pm as a punishment for your behaviour!'

The ballet school is located on the second floor of the building and there is only one door. There is a row of windows on one wall.

• Explain which, if any, of Miss Katies actions constituted an intentional tort? (Identify the tort.)
• Are all conduct elements of that tort satisfied?
• ExplainwhetherMissKatie'sactionssatisfythefaultelementofthattort?
• Explain whether there are any defences available to Miss Katie.