Discuss rights and responsibilities of parties in tort law


Problem

Leon (aged 15) is at the cinema with his school friends, Walter and Nico. The three of them are being silly and are throwing popcorn at each other. Leon throws a handful at Nico, but it misses him. Some of it hits Sabina who is sitting two rows in front. Sabina is allergic to an ingredient used in making the popcorn and comes out in a rash and has to leave before the film has begun to seek medical attention.

Leon, Walter and Nico are walking home after the incident when PC Berri, a police dog handler, pulls up alongside them in his van. There has been a report of a burglary in the area involving two males described as aged in their 20s. PC Berri has been told to stop any pairs of males he sees nearby. Leon thinks he is in trouble for the incident in the cinema and so he begins to run away. PC Berri calmly gets out of his van and then sends his police dog after Leon. Leon is cornered by the dog, but when PC Berri catches up he does not call the dog off and Leon is bitten on the leg. PC Berri then puts Leon Walter and Nico in his van for 20 minutes, only releasing then once he gets a radio message that the perpetrators of the burglary have been apprehended and identified from CCTV footage.

Nico is very upset about being placed in the police van. Over the following weeks Nico makes multiple posts on local social media groups to the effect that PC Berri is a corrupt and dangerous Police Officer who should be removed from the police force. He calls for local people to contact the Police Commissioner in the area to demand that he is sacked.

Discuss the rights and responsibilities of the parties in tort law.

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