August Is A Big Business Man And He Owns A Big House In Balwyn, Victoria - Law Assignment Help

Assignment Task

August is a big business man and he owns a big house in Balwyn, Victoria. Every year he organizes several Christmas parties for his employees, clients, families and friends. Different groups of guests are invited on different days between 15 to 24 December. These parties generally start at 4 pm and finish very late in the night. Guests drink, dance and do all sorts of fun during the party.

September is an old lady (65 years) living in the next house of August. She lives a very healthy life. She likes peaceful and long sleeping hours. She eats early and goes to bed by 9 pm every day.  Every morning she does meditation and Yoga. Every year her life gets totally upside down when Christmas parties start at August’s house. There is not just one party, but several parties which are organized almost every day from 15-24 December. Due to noise of parties she cannot sleep properly during those days. She also finds that guests of August throw cigarette buts and beer cans in her garden. Some times guests even seat on her front wall or stand near her driveway and she finds it difficult to move her car in or out.

On 24 December 2017, the party at August’s house was in full swing. Guests were dancing and signing. Suddenly, the balcony of August’s house crashed. Several people got injured. Some people fall into the garden of September. Neighbors ran towards the site and started helping injured. They also jumped to September’s garden to rescue injured. Emergencies services also rushed to the scene. They used September’s garden to reach to August’s house. September did not like people running around her garden. She screamed and warned people. One of the emergency staffs hold her hand, dragged her out of the garden and pushed her into the living room and said “Mam, stay out of our way, we have urgent things to do here”.  

Next morning, September saw her garden is completely ruined. All flowers were trampled. The fence was damaged. Shoes, wine glasses, beer cans were all littered around in her garden. She also found an iPhone X. Since the phone was locked so she could not know whom to return. She knows that this iPhone model can only open with face recognition system. September kept that phone with the intent to give it to her grandson who will visit her in the Easter.

(Disclaimer: Facts in this scenario are hypothetical and created only for this assessment purpose. It does not directly or indirectly relate to or refer to any person or institution.) 

Instructions to the Student

1. Is it possible for September to take any legal actions under Torts against August or his guests? (Do Not use Law of Negligence for your answer)
2. Can September take any action in Torts against staff of emergency services? (Do not use Law of Negligence for your answer)
3. Is September entitled to keep the iPhone X?  

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