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What Part Of Tort Does This Question Refer To? Watch

    • Thread Starter

    Hey guys
    I am practising past papers and I am unsure whether a problem question refers to trespass to the person or vicarious liability.
    The question is Peter owns the George Inn, a country public house with a large function room.
    Rosie and Hank booked the function room for a wedding reception and evening
    party. Peter knew that they were both members of a biker group, and that
    members of the group had been involved in some episodes of disorder. Peter did
    not normally employ security staff, but on this occasion he thought it would be
    necessary. He contacted a local agency, Door Security Solutions (DSS). Peter
    made a contract with DSS for them to supply a suitably qualified licensed
    doorman to ensure security at the function. Peter paid DSS a lump sum for this,
    and the contract provided that the person supplied would be ‘fully trained and
    experienced, and properly instructed by DSS in all matters relating to public
    house security’ and that Peter ‘may direct [the person supplied] as to operational
    matters for the duration of the engagement’.
    Gary, who works full-time for DSS, was the doorman supplied by DSS. Peter told
    him to ensure that there was no disorder in the function room, and to control
    admission to the function room, which has a separate entrance. Only people with
    invitations were to be allowed in. Peter also told Gary to keep the bikers away
    from the other parts of the public house as he was worried that there may be
    trouble between them and his ordinary customers.
    During the evening Sean, a biker, arrived. He is a friend of Rosie and Hank, and
    was invited, but had forgotten his invitation. Gary refused to allow Sean into the
    function room. Sean initially walked away, but then turned, walked towards Gary
    waving his fists and shouted ‘if this weren’t a wedding do, I’d smash you!’ He
    then walked towards the main entrance to the public house. Gary ran after him
    and stood in the doorway, blocking his way. Gary said ‘we don’t let you lot in here.
    Get out of here.’ Sean tried to push past Gary, and Gary punched Sean in the
    face, knocking him out. Gary dragged Sean into a storeroom, locked the door and
    immediately called the police to say that he had arrested a troublemaker.
    Thirty minutes later Gary went to check on Sean. He was still unconscious, and
    Gary kicked him in the ribs to wake him up.
    When the police arrived, they made enquiries and decided that Sean had not
    committed any criminal offence.
    Thanks for your help guys

    it's tresspass to the person, assault, battery etc...

    this isn't a past paper.. this is for a seen exam.
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