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Question: Legal Process Major Assignment

Summary of relevant facts: 2
The issues 2
Rules and Application 2
Sparrow v Tortoise 2
Victorious v Medic Pty. Ltd 3
Smashead v Crumble 4
Careless v Johnson 5
Meathead v Varoom 5
Cactus V Orchid 6
Sneaky v Tantrum 6
Conclusion 7

Summary of relevant facts:
Janet has a black belt in martial arts and was known to be able to take care of herself, she was employed by Rattlecar as a casual night watchperson and had been given strict instructions not to assault or restrain an intruder, at most just to attempt to scare them off, and to trigger the alarm, then immediately call the police.

Events unfolded on the forecourt of Rattlecar’s workshop, where Janet’s own car was being stored as it was being worked on during the day within the workshop. Janet’s car was her pride and joy and she spent every spare cent on parts for the car and every spare minute working on the car. On the evening in question unknown to Janet, Gordon Bloggs had arranged to collect his car from the premises after work. When he arrived at Rattlecar he was knocked to the ground by Janet, who continued to hit him until Kelvin intervened. Gordon Bloggs was suffered seriously injures while at the premises of Rattlecar. Janet’s employment was subsequently terminated.

The issues
The main issue is whether Rattlecar as employer is vicariously liable for the conduct of Janet, its employee, in respect of the injuries suffered by Gordon Bloggs at the premises of Rattlecar on the date in question.

Answer: Rules and Application Sparrow v Tortoise Rattlecar employed Janet as night watchperson as she had a black belt in martial arts and was known to be able to take care of herself. Janet’s was working as night watchperson at Rattlecar when she assaulted Gordon Bloggs, these facts are not in question. If Sparrow v Tortoise is the only case in question, then Rattlecar is liable for Janet’s actions, however Janet had been given very specific instructions as to her duties as night watchperson, furthermore Janet’s own car was stored at the Rattlecar on the night in question and as she considered her car to be her pride and joy, consideration needs to be given to how these factors influenced Janet’s response to a suspected intruder, therefore additional cases need to be considered before a......(short extract)

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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1814 | References: No | Date written: Not available | Date submitted: April 14, 2018 | Coursework ID: 1046

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