Question

Please use ILAC method in solving this question. Thank you very much.

Jack and Ralph are neighbours. Jack is a 20-year-old student who likes to play loud video games in the early hours of the morning, until around 3am, when most people are sleeping. Jack has been doing this for two months, most nights a week. Ralph is a frail 78-year-old pensioner who likes to enjoy peace and quiet within his own home, particularly because of his sensitive hearing. One morning Ralph approaches Jack and says, “Could you please turn down the volume at night? Most of us are sleeping and don’t want to hear your screaming and loud noises. I’ve been kept awake by it for two months now.” Jack says to Ralph, “Sure, whatever man. I’ll just not play it that late.” For the rest of the week, instead of playing his video games so late, Jack finishes playing them at midnight and closes the windows in an attempt to minimise the sound. However, unbeknown to Jack, who is used to hearing loud noises, the sound was still loud enough that it could be heard by other neighbours across the street. The following week, Ralph goes up to Jack and yells, “I have told you before to turn down the noise. I still can’t sleep. So if it happens again I’ll teach you a lesson!” Annoyed, Jack positions his hand around Ralph’s neck and says quietly, “I’m so scared. And what is an old man like you going to do?”

Please note that this answer must be limited to the area of Tort Law. In your answer please address all potential Tort actions that may have been committed by either party during the course of their interactions.

Answer 1

* According to data - Jack and Ralph are neighbours. Jack is a 20 year old student

• All potenitial tort actions that may have been comitted by either party during the course of interaction are:

1. Threatening: Ralph threatened Jack that he is going to teach him a lesson if jack does'nt stop playing loud music which disturbs ralph's sleep.

Ralph should have instead approach police to counter the situation

2. Disturbing others: Jack disturbed his neighbours by playing loud music in his house which was bothering for the neighbours and created nuisance and invaded their privacy as well.

3. Manhandling: Jack manhandled Ralph by grabbing his neck which is also considered as a tort since jack was physical with ralph which should not have happened.