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Mattis v Pollock
''Mattis v Pollock'' () 1 WLR 2158 is an English tort law case, establishing an employer's vicarious liability for assault, even where it may be intentional or pre-meditated. Previously, judges had been unwilling to impose liability where assaults were motivated by revenge or vengeance;〔''Warren v Henlys Ltd'' () 2 All ER 935〕 it was established however that following the decision of ''Lister v Hesley Hall Ltd'',〔''Lister v Hesley Hall Ltd'' () 1 AC 215〕 that where an assault is closely linked to the duties of an employee, the employer should be held vicariously liable.〔() 1 WLR 2158, at 19〕
==Facts==
Mr Cranston, an employee of Flamingos night club, in London, was employed as a bouncer to keep order at the club's doors, and to break up scuffles and fights.〔() 1 WLR 2158, at 6〕 On 18 July 1998, an incident occurred involving a customer, Mr Fitzgerald, and Mr Cranston, who threw a friend of his across a room. It was submitted that Mr Pollock had given Mr Cranston instructions to "impress upon Mr Fitzgerald that Mr Cranston was prepared to use physical force to ensure compliance with any instructions that he might give to Mr Fitzgerald or any of his companions".〔() 1 WLR 2158, at 7〕
Subsequently, on 24 July, Mr Mattis was attending the club with a friend, Mr Cook. Mr Cranston was instructed that Cook should be barred from the club, and was ejected. A week later, Mr Mattis attended the club with other friends, at around 11:15pm. Mr Cook turned up with Mr Fitzgerald, at around 1am, and upon seeing them, Mr Cranston violently assaulted Mr Cook and one of his friends.〔() 1 WLR 2158, at 11〕 Upon witnessing this, Mr Mattis attempted to pull Cranston from Cook, whereupon several other customers surrounded Cranston, who was forced to flee. Upon arriving back at the club, he grabbed Mr Mattis, and stabbed him in the back.〔() 1 WLR 2158, at 15〕 As a result, Mr Mattis was rendered paraplegic.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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