Two uni students, Stephen and Guy, go to the pub to celebrate the end of their exams.
Two uni students, Stephen and Guy, go to the pub to celebrate the end of their exams. They go
downstairs to the bottom level, and since it’s only 3pm, they have the entire floor to themselves. They
both drink several drinks and become intoxicated. They get into a heated argument about a very
technical issue in Torts law, and Guy hits Stephen in the stomach. Angry, Stephen says, “If you do
that again, I will lock you in that storage room over there,” and he points at a door called “Storage.”
Still angry, Guy hits Stephen in the stomach again, and Stephen grabs Guy, drags him 5m across the
floor of the pub, and then, still holding onto Stephen, opens the door with “Storage” on it, pushes
Stephen inside, and slams the door. The door has no lock on it, so Guy drags over a chair and uses it
to block the door. Inside, Stephen shouts, “Let me out!” but Guy ignores him, goes upstairs and runs
out of the pub. Guy goes through the pub door and, not looking where he is going, runs onto the road.
Unfortunately, Stacey is driving past at that time, and she hits Guy, injuring him badly. Stacey is also
intoxicated at the time of the accident, with her blood alcohol 3 times the legal limit. When Guy’s mum
sees Guy’s injuries at the hospital later that night, she experiences extreme shock and when she is
examined three months later by a psychiatrist, is found to have PTSD.
Stephen shouts “Let me out!” for a few more minutes but since the bottom floor is empty, nobody
answers. Panicking, Stephen notices a window near the ceiling of the storage room. It is clearly
broken and has a sign sticky-taped across it that states “Broken glass, do not touch.” Stephen stacks
some boxes in front of the window, stands on the stack, which starts to wobble, tears off the sign and
starts to push himself carefully through the window. Unfortunately, the pile of boxes collapses and he
falls heavily on the broken glass, injuring himself badly. He slides onto the floor of the storeroom and
waits for rescue. He is rescued an hour later. He has an anxiety disorder and being trapped inside the
store-room triggers a panic attack, and Stephen misses his next semester of uni while recovering. He
needs to see a psychiatrist twice per week for 15 weeks.
Advise all parties as to rights and liabilities in tort.
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