Question 1

Steve, a well-known local thug was out walking last weekend when he noticed his old enemy, Gary, on the other side of the road. Steve was unable to cross the road because of the heavy volume of traffic. Yet he did manage to attract Gary's attention by waving his fists in the air and shouting: "Your days are numbered, mate. I know exactly where you live". Worried by this, Gary ran away.

Later that day, in the park, Steve met another old enemy, Kenny. Steve ran towards Kenny and swung a punch at him. Kenny ducked, and the blow struck Kenny's friend, Martin, on the side of the head.

Steve ran away to the Duncan's factory where he works as a part-time caretaker. He went into the staff common room which is on the first floor. He sat down in a big armchair and soon fell asleep. While he was asleep, Duncan, the owner locked the door to the common room thinking that no-one was using it and that it ought to be locked for the night. Steve did not wake up until he heard the common room door being unlocked by Duncan the next morning. He was glad that he had not woken up in the night, as the only way out would have been through a sash window that is located about 3 meters above the ground.

When he finds out he was locked in, Steve is very angry with Duncan. Later in the day, he sends Duncan a long, angry message which includes the following words: "Ur nothing, mate. Ur a pathetic rat, and I hope u die. The world would be better of without u. Ur gonna pay for wat u did to me." Duncan is very upset about the message and begins to experience a lot of self-doubt, so starts seeing a therapist to help restore his confidence.

Discuss the potential liability in tort of Steve and Duncan.

Question 2

In what sense are the classic trespass torts of assault, battery and false imprisonment appropriately thought of as torts of intention (or torts of strict liability)?