Leah catches a train every day to and from her workplace in the Sydney CBD - Law Assignment

Internal code: MAS4045

Law Assignment:

Part 1: Leah catches a train home from work on Wednesday evening. Although there are some people on the train, it is not particularly crowded as it is after peak hour. There are several vacant seats available. Leah is standing in the foyer of a train carriage (where people get onto the train) because she is only travelling for a few stops. She is holding onto the yellow metal handrails in the centre of the carriage foyer. A man dressed in a suit, Adam, is standing behind Leah and is pressed up against her. Leah is horrified to realise that Adam has an erection and is pressing it against her. Part 2: On her home from work on Monday evening, Leah sits on a seat on the train. She has the top half of her hair tied back in a ponytail elastic. She is sitting next to the window underneath a sign saying, ‘DO NOT PUT FEET ON SEATS: ON-THE- SPOT FINE $200’ with her back to a group of older teenage girls who are giggling. Leah is tired, so she puts her feet up on the seat opposite, and leans her head on the window, half-asleep. When Leah gets off the train she realises that the chunk of her hair in the ponytail has been cut off. Leah speaks to the security guards at the train station the next day and the CCTV footage from the train shows the girls cutting off Leah’s hair with scissors. Part 3: On Friday, Leah drops her Opal transport card on the floor next to her seat without realising she has done so. Leah has her earphones in listening to music on her phone and falls asleep. Tony, another passenger, sees Leah’s Opal card on the floor next to her. He says in a normal volume voice, ‘Hey is this your card?’ Leah does not hear him. He gets close to her face and shouts ‘HEY, IS THIS YOUR CARD LADY?’ Leah wakes up with a start and is frightened at seeing a man standing over her shouting into her face. Her heart is beating very fast. Tony gives her the Opal card back and walks away. Questions: 1) Might Adam’s actions in Part A of the problem question satisfy the conduct and fault elements of any trespass? 2) Explain why or why not. 3) Explain whether any defences might be available to Adam. 4) Consider the teenage girls’ actions in Part B of the problem question. Might the elements of any trespass be made out? Explain why or why not. 5) Explain whether any defences might be available to the teenage girls. 6) Consider Tony’s actions in Part C of the problem question. Might Tony be liable for any trespass?