Question
Emalus Village is an urban village in Pacifica that falls under the customary authority of the Village Council. Under Pacifica custom, a person who breaches
Emalus Village is an urban village in Pacifica that falls under the customary authority of the Village Council. Under Pacifica custom, a person who breaches village protocol may be banished, along with their families, from the village. Custom also dictates that the Village Council may also order the young men of the village to burn the properties of the banished families. Marshall and Honiara have been residents of the Emalus Village for over 45 years. Their property adjoins the property of the Laucala Church, which was the most prominent denomination in Pacifica. In March 2020, the Laucala Church sought permissions from the Village Council to expand the Church's infrastructure to accommodate its growing congregation. The Village Council granted this permission. In April 2020, the Laucala Church began to construct its new church building. However, Marshall and Honiara soon realised that the new building encroached on their property. After an unproductive meeting with the Village Council and the Laucala Church leaders, Marshall and Honiara brought a claim to the Pacific Supreme Court. The Supreme Court found that the Laucala Church's structure encroached on Marshall and Honiara's land and issued an injunction to stop the construction work. The Court also ordered the Laucala Church to pay damages to Marshall and Honiara. The lawsuit angered the chiefs on the Village Council. The chiefs took offence to the lawsuit and stated that it was an "insult to the traditional leaders of the village, to the Church and to God." The Village Council unlawfully made the following declaration: "We, the Emalus Village Council, have unanimously decided on this 14th day of May 2020, that all of the members of Marshall and Honiara's family be banished from this village for all eternity. Marshall and Honiara's family must leave this village today or be burned together with their belongings." Marshall, Honiara and their family were only allowed one hour to pack a small amount of their belongings. The next day, Marshall attempted to go back to get more of their belongings, but he was prevented by the Village Council from doing so. Angered, Marshall yelled that he would return with the Police. Some of the Emalus villagers saw that the house was unattended to and broke in, taking the family's belongings, valuables, livestock and crops from Marshall's plantation. That night, the untitled men of Emalus Village (most of whom were related to, or faithful servants of, the Village Council) stoned the family's house and cars before setting the entire property on fire. The men are paid by the village to do agricultural work on village land. Marshall, who had come with the police, tried to stop the fire but was brutally beaten by the group of men. They were not expressly told by the Village Council to do these actions but had been angered by Marshall bringing the police to the village. The destroyed properties are valued at over $500,000 USD. Marshall suffered serious physical injuries following the altercation. Honiara watched the Facebook Live video of their family home and property being burnt and the brutal attack on her husband. The Facebook Live video was taken by Marshall's good friend and neighbour, Raro. Honiara, who was a soft-hearted and sensitive woman, suffered a nervous breakdown after watching the video. She was later diagnosed with severe depression.
Determine and explain whether the Village Council should be held vicariously liable for the actions of the untitled men.
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