ABSTRACT

QUESTION 40 Arthur, who had been drinking heavily, entered Billie’s pizzeria to buy a takeaway pizza. Billie took the order and requested payment. Arthur then discovered that he did not have the money to pay for the pizza and so Billie asked him to leave. Arthur picked up a chair and waved it above his head, shouting ‘Give me the pizza’. Billie retreated to the back of the shop, scared and unable to escape. After five minutes or so of Arthur waving the chair and ranting, Chris the delivery driver returned, having made a

and then ran out of the door to get help. Hearing the commotion, Daphne, a passerby, assumed that the pizzeria was being robbed. She tripped Chris, who hit his head on the pavement and was knocked semi-conscious. Daphne then sat on Chris and called the police on her mobile phone. Billie, meanwhile, grabbed a pizza slicing wheel and approached Arthur. She said: ‘If you don’t leave now I’m going to slice you with this.’ Arthur fled the pizzeria. w Advise the parties as to their liabilities and remedies in tort.