preparing tort law matter

File 2021:MM1919

Facts: Kevin and Keith are step brothers, although not too many people in Azure Beach know that. Kevin runs the local caf and has been building up extensive clientele. One night, whilst Kevin and Keith were at the local club for a fundraising dinner the local newspaper, Azure Beach Chronicle, took a photo of Keith slumped in the arms of Kevin looking somewhat inebriated. The article that accompanied the photograph listed Kevin and Keith as an older gay couple who love getting a 'skinful'. In actual fact, Keith is a diabetic who had a hypoglycaemic episode and had to have glucose administered. Because of their religious beliefs, neither Kevin nor Keith drink alcohol. As a result of the rumours, the residents of Azure Beach have stopped coming to the caf.

For this matter, set out answers to the following:

a) List the relevant areas of tort law and provide an explanation of the nature and meaning of each area.

b) Provide a definition of the key tort law principle and current key elements of that law (Remember to cite any relevant legislation and/or case law). c) Assess the facts and apply the relevant law to provide a conclusion regarding liability in tort. d) Identify potential remedies that may be available.

e) Explain where the burden will lie in proving/disproving the liability. f) Identify the methods used to determine the relevant law.

f) Identify the methods used to determine the relevant law.