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December 7, 2022

Vicariously liable for the battery

Vicariously liable for the battery

Note: not required to discuss the elements of the battery

3b) Emma, who was employed by Embrace Fashions Ltd as a security guard, went to work the following day. She was a few hours into her shift and about to take her lunch break when her boss asked her to urgently detain a suspected shoplifter. She approached the suspected shoplifter and detained him at the door. Her boss called the Police and Emma used reasonable force to restrain the suspected shoplifter. Whilst waiting for the Police to arrive, the suspected shoplifter said to Emma that ‘being a security guard is not a job for women, and an ugly one at that’. Enraged, Emma pushed him to the ﬂoor, further restraining him with her knee. She then intentionally broke his thumb, constituting a battery. Advise whether Embrace Fashions Limited may be vicariously liable for the battery. (You are not required to discuss the elements of the battery.)

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