Discuss the Possible Liabilities of the Parties in the Case Below
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Asbo, aged 12, was bored. His mother had insisted that he ‘go out to play for at least two hours’ as he was irritating her.
He had not been able to find anyone to play with and was wandering along the street eating an apple, which did not taste very nice. He thought it would be fun to throw it at a distant lamppost. Unfortunately, his aim was not very good and the apple missed the lamppost and hit Mr. Brown instead. Mr. Brown was very angry. He shook his fist at Asbo and shouted: ‘if I did not have to take jumble to school and was not late for work I would give you a hard slap.’ Jumble was the Brown’s five-year-old daughter. Asbo was frightened and ran away.
He decided to catch a bus into town. He managed to squeeze onto the bus, which was very crowded. Somebody trod on his foot, which made him very cross until he saw that it was his friend Ginger. Ginger was pleased to see Asbo and slapped him on the back in greeting. Asbo, feeling decidedly bruised, got off the bus at the next stop.
He spotted a public telephone box and decided to play a trick on his sister, Ethel. He telephoned her and when she answered; he breathed heavily a couple of times and then said in a voice, which he thought he had disguised: ‘I’m coming to get you’. Ethel sighed and replied ‘Go away Asbo’.
Asbo decided to go home. As he passed the Brown’s house, Mrs. Brown came rushing out, grabbed hold of him and said ‘I saw you hit my husband with the apple this morning. Come in here and wait while I telephone your mother to tell her what you did.’ She dragged the protesting Asbo into her house, pushed him into the kitchen and told him to stay there, so he sat down on a chair. Mrs. Brown the locked the kitchen door, whereupon Asbo became nervous. He called to be let out. When Mrs. Brown told him she would not do so he shouted: ‘I was coming to see you to tell you that Jumble has been run over and squashed by a steam roller and the police are coming to arrest you because they think that you let her out on her own and now she’s dead!’ (Jumble was, at the moment, happily playing at school). Mrs. Brown shrieked and fainted.
Asbo then spotted an open window so he climbed out into the garden and went home.
Mrs. Brown suffered a nervous breakdown and spent a month in a psychiatric hospital.