LW203 2022: Torts Law I

Tutorial 3 (Week 4): Defences to Intentional Torts, IIED & Harassment

Question 1
Critically read Nair v Permanent Secretary for Health [2013] FJHC 75 and answer the questions
provided below.
1. Briefly summarise the facts of the case (parties, alleged tortious conduct/pleadings).
2. According to the learned judge, how does the application of the defence of consent differ
in a trespass to person claim/negligence claim?
3. In terms of the trespass to person claim, what was the decision of the court? Briefly
summarise the rationale of the court.
4. What heads of damages were claimed by the Plaintiff?
5. What damages, if any, were awarded by the court? If so, explain the justification for the
damages awarded.

Question 2
Please refer to the problem scenario from Tutorial 2 (Week 3), which involved Jake, Holt and the
Christian Boys School.

1. Using IRAC and relevant case law, discuss whether a successful claim for IIED might be
brought against Holt and the Christian Boys School.

2. A month before the incident, the Parliament of Pacifica passed the Education
Amendment Act 2022 to include the following provision. Discuss how the following
provision may be used by both the Claimants and Defendants in the matter.
23. Discipline
(1) A school and an early childhood education centre must have a discipline policy.

(2) A discipline policy must not include or permit the use of:
(a) corporal punishment;
(b) any form of punishment that may cause harm to the recipient; or
(c) any form of punishment that humiliates or is intended to humiliate the
recipient.
(3) Despite subsection (2), any teacher for a secondary school is justified in using
reasonable force on a child attending the school that teacher teaches in, if the force is
used in a reasonable circumstance which includes but is not limited to:
(a) preventing or minimising harm to the child or another person; or
(b) preventing the child from engaging or continuing to engage in conduct that
amounts to a criminal offence; or
(c) preventing the child from engaging or continuing to engage in threatening,
offensive or disruptive behaviour.

(3A) For the purpose of subsection (3) the use of any object by a teacher to impose force
does not amount to reasonable force.

(3B) A teacher who uses an object to impose force under this section is liable to being
charged with an offence under the Crimes Act 2010.