Question
Tom is a security guard at a Surfers Paradise Hotel. Tom receives a yearly salary of $75,000 plus 10% super. The Surfers paradise Hotel supplies
Tom is a security guard at a Surfers Paradise Hotel. Tom receives a yearly salary of $75,000 plus 10% super. The Surfers paradise Hotel supplies him with a uniform. Tom works five nights a week: 7.00 pm - 2.30 am. Tom is authorized to request patrons to leave where their behaviour impacts on the enjoyment of hotel customers. If a patron does not obey such a request, Tom is authorized to take the necessary action to remove the patron from the hotel premises. On Thursday night Tom requests a customer, Bill Starks, to leave the premises due to his drunken and unruly behaviour. When Bill refuses to leave, and attempts to kick him, Tom strikes Bill three or four times around the head with his fists and escorts him off the premises. Bill suffers facial and brain injuries. Is the Surfers Paradise Hotel vicariously liable for Tom's actions?
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