Obligations II – Tort Law
Siren Security is an agency which recruits, trains and supplies detectives to department stores. The detectives wear their own clothing, except for a jacket supplied to them by Siren Security, with the word “Security” sewn on the back. Siren Security has control of where each detective is assigned, but the stores where they are working pay them (with a small fee also sent to Siren Security), allow them to use their equipment, instruct them on their duties, but agree to send the detectives back to Siren
Security if and when Siren Security ask for them. Ming is a detective who has been sent by Siren Security to Gold’s Department Store, where she has worked every weekend for the last six months.
Fred was in the electronics section of Gold’s Store when he was approached by Ming. Ming introduced herself to Fred and asked him to accompany her upstairs to the store office. Fred said he needed to catch a train and attempted to leave. Ming reached out her hand and grabbed Fred’s backpack, which he was wearing, so that he could not proceed to leave the store. After this, Fred accompanied Ming upstairs to a management office.
Ming asked Fred to take a seat while she went to get the store videotape. Ming locked Fred in the office for 5 minutes – although Fred made no attempt to leave. After reviewing the videotape, it became clear that Fred was not involved in theft from the store. Fred said to Ming: “I’m going to take you to court and have you locked up. And when you get out of prison, I’m going to come ’round to your place and cripple you”. At this point, Ming lost her temper, and beat Fred to the ground, causing serious injuries which put Fred in hospital.
While recovering in hospital, Fred, who is a casual novelist, writes a short story, basing a character on Ming, depicting her as the “wicked witch of the shop”. The story is published in the local newspaper. Ming’s son, Cam, who reads the article, and
recognises his mother in it, claims that the story has caused him severe embarrassment and emotional distress, and has greatly hindered his chances of ever getting a job.
Advise of any actions available in tort. Do not advise in Defamation (max 1500 words).
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