Defences to Intentional Torts – Erica Asana Case Study Law Assessment Help

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Erica Asana Case Study Law Assessment Help

TASK:-

Hypothetical Fact Scenario

Erica Asana is a 30-year-old yoga teacher who runs a yoga studio – ‘Bliss-Life’ – from a glass house that she has been built in her backyard in the eastern suburbs in Melbourne. Erica has spent a lot of time creating a tranquil haven for people to come to a peaceful yoga session.

Jasmine Dolla-Bills is a 45-year-old finance executive who lives next door to Erica. Jasmine often throws lavish parties for her corporate friends and the noise carries over to Erica’s house disrupting her evening yoga classes and her private meditation.

Jasmine is worried about the number of ‘strangers’ in Erica’s backyard most evenings, which is very close to her own backyard. Jasmine decides to install high-quality lighting and motion sensor detection equipment in her backyard. The equipment is so sensitive that when Erica is in the studio in her backyard the lights switch on and directly shine into the studio, the equipment also records any movement. Erica believes this to be a breach of her privacy.

Erica speaks to Jasmine about it in the street one morning, the conversation does not go well, and Erica tells Jasmine to “take down the lighting system” and to “stop being so up herself with her posh friends and poncy cocktail parties”. Jasmine is furious.

The same afternoon, Jasmine decides to pay Erica a visit as she has had enough. She walks up the front path and rings the doorbell, but there is no answer. She decides to walk along the side of the house and climbs over the fence and enters Erica’s back yard. Erica is in her studio meditating and hears a thumping sound on the glass. She sees Jasmine raising her fist and yelling “Get a real job, just come out here and I’ll smash the hippy-dippy crap out of you”. Erica is startled at seeing Jasmine on her property and yells “leave right now”. However, Jasmine grabs the door handle and walks in. Erica pushes Jasmine in an attempt to get her to leave the studio. During the pushing and shoving Erica elbows Jasmine in the face causing her eyebrow to split open and bleed. Jasmine can feel the sensation of blood trickling down her face and she begins to scream at Erica, “I’m not going anywhere”. Erica once again tells Jasmine to leave her property and again pushes her towards the door.

Jasmine begins to panic, and fearing that Erica is going to hit her again she runs into the changing room in the studio. When Erica follows her in to eject her, Jasmine grabs a Himalayan rock salt lamps off a shelf and throws it at Erica hitting her on the side of the head. Erica stumbles to her feet and closes the changing room door and the studio door before leaving to head back to her house. Both doors are closed but not locked.

You are required to submit a written summary of the potential rights and liabilities of Erica Asana and Jasmine Dolla-Bills in the law of torts.

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