Case Of Albert V Camille & Dan

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Albert v Camille & Dan (Represented by Big W)

Was Albert Battered by Camille?
Albert may not be able to successfully sue Camille and Dan for battery. In this case, Camille grabbed Albert’s arm after he had pushed Dan over in order to stop him from running away. In order for a battery to have occurred, there must have been three elements. From the case of Garratt v Dailey (1955) 279 2d 1091 there must have been a 1) direct physical act, 2) which must interfere with the person of the plaintiff, 3) and must have been accompanied by fault or intention. In this case, all of the elements are satisfied, although preceding cases show that additional considerations must be made. In the case of Boughey v Regina (1986) 161 CLR 10 at 24-5, the High Court said in obiter that an intentional but non hostile act if committed inoffensively does not classify as battery. Furthermore, in the case of Brian Rixon v Star City Pty Ltd (2001) 53 NSWLR 98, the court had said that it was necessary to consider the context in certain scenario as to whether or not a battery was committed. Considering the context of Albert pushing Dan over and trying to run off, the reasonable person may consider Camille’s actions to be justified and fitting in this situation as she was simply trying to calm him down. Therefore it is unlikely that Albert may sue Camille on the basis that she committed a battery, and therefore he cannot claim damages. Additionally, Dan may consider suing Albert for battery, as Albert’s actions are unjustified in this context.

Was Albert Falsely Imprisoned by Camille & Dan?
Albert can likely sue Camille and Dan for false imprisonment. In this case, Albert was escorted to the security office and made to wait there for 3 hours as he believed ...

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...p a baseball bat and started swinging it violently, warning Franca not to approach or he would hit her. As aforementioned, in order for an assault to have occurred there must have been reasonable apprehension in the plaintiff’s mind of a battery (Sappideen et al). In this case, Franca may argue that Liam’s actions constituted as an assault, as in the case of Rozsa v Samuels [1969] SASR 205, where the court said that although the plaintiff’s actions were threatening, the response of the defendant was equally, if not more threatening, and therefore constituted as an assault. Although, Liam may argue that he had a legal right to reasonably (emphasis added) defend himself, as outlined in Fontin v Kadapodis (1962) 108 CLR 177. As Liam’s actions may be regarded as reasonable, the court likely rule that there was no assault, and that Franca is not entitled to any damages.

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