Tourism and Hospitality Law Case Study

Mike is a bouncer at the Outback pub working at 1am Sunday morning. Mike's night has been long and tedious and he is restless waiting for the night to end. Meanwhile Bob has been on the prowl all night, his last hope of getting lucky tonight is at the Outback, he heads inside and straight onto the dance floor. Joe has just enjoyed a nice meal out with his girlfriend and they have decided to go for a dance before heading home. Joe has gone to the toilet leaving his girlfriend on the dance floor, Bob spots her and thinks he is in for the night, Joe comes back from the bathroom to find Bob attempting some close physical action with his girlfriend and tells Bob he's going to beat the sense out of him. Bob decides to get the first shot in and hits Joe in the stomach. Mike the bouncer spots this fight and arrives to break it up, while he is breaking it up he receives an elbow to the gut from Joe struggling to get free. Mike grabs Joe and hits him twice, breaking his nose and jaw. Upon seeing Mike's actions three members of the public step in and make a citizens arrest on Mike. Tom, one of the public making the citizen's arrest is pushed from behind by Bob trying to hit Mike. Tom looses his balance and falls backwards hitting his head on a concrete step. The police arrive and take Mike, Joe and Bob into custody. An ambulance arrives for Tom but he is tragically declared dead. Mike arrives at the police station and is immediately charged with assault and led to an interview room where he is forced to make a statement. Joe is placed in the cells for the night without any explanation and Bob is charged with the murder of Tom and left in the cells alone overnight.

Questions:

1. Mike was hit first before he punched Joe, can he defend his charge with self-defence?

2. Was Mike arrested legally?

3. What rights of Bob, Joe and Mike where breached?

4. Is Bob's charge of murder valid?

5. Should Joe be charged with anything?

6. Can the assault victim claim vicarious liability against the Outback pub?