James incorporated a business, J Wine & Bar. He hired his friend, Douglas, to act as bouncer during nighttime service. Ricky, who is an IT professional, went to a bar to unwind from the stress and pressure of work. With pity misunderstanding with the bar’s crew, he was told to leave by the bouncer. Without provocation with the bouncer, he suffered a beating and fractured nose. The supervisor supported the action of the bouncer and said that he has the right to use force which he deemed necessary to persuade Ricky to leave the premises. Please comment on the issues of trespass, assault, battery, and and vicarious liability, if there is any.
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James incorporated a business, J Wine & Bar. He hired his friend, Douglas, to act as bouncer during nighttime service. Ricky, who is an IT professional, went to a bar to unwind from the stress and pressure of work. With pity misunderstanding with the bar’s crew, he was told to leave by the bouncer. Without provocation with the bouncer, he suffered a beating and fractured nose. The supervisor supported the action of the bouncer and said that he has the right to use force which he deemed necessary to persuade Ricky to leave the premises.
Please comment on the issues of trespass, assault, battery, and and vicarious liability, if there is any.
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- Bill Kinsey was charged with murdering his wife while working for the Peace Corps in Tanzania. After waiting six months in jail, he was acquitted at a trial that attracted wide publicity. Five years later, while a graduate student at Stanford University, Kinsey had a brief affair with Mary Macur. He abruptly ended the affair by telling Macur he would no longer be seeing her because another woman, Sally Allen, was coming from England to live with him. A few months later, Kinsey and Allen moved to Africa and were subsequently married. Soon after Bill ended their affair, Macur began a letter-writing campaign designed to expose Bill and his mistreatment of her. Macur sent several letters to both Bill and Sally Kinsey, their parents, their neighbors, their parents’ neighbors, members of Bill’s dissertation committee, other faculty, and the president of Stanford University. The letters contained statements accusing Bill of murdering his first wife, spending six months in jail for the crime,…Case6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the…Mark Clapp and Albert DiBrito worked for the Public Safety Department (PSD) in St. Joseph, Michigan. Clapp was the director and, DiBrito was the deputy director. They were under the supervision of the city manager. One day, Clapp told Tom Vaught, a PSD employee, that the previous city manager had hired DiBrito only because DİBrito had been investigating the city manager for possible wrongdoing. Clapp said that DiBrito had dropped his investigation in exchange for the deputy director position. DiBrito learned of Clapp's statement and filed a formal complaint against him on another matter with Richard Lewis, the current city manager. The investigation that followed revealed management problems within the PSD. A consultant hired by the city concluded that Clapp's remarks about DiBrito had been "inappropriate statements for a commanding officer to make regarding a second in charge." However, the consultant also identified issues regarding DiBrito's "honesty, inappropriate statements to…