LadyEllen -> RE: Naughty Mistress!! (1/22/2010 8:12:46 AM)
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Her behaviour is of course completely out of line. His reaction, given the provocation, less so. Overall however the promoter/organiser is primarily at fault; not only for handling the consequent course of events badly, but also for permitting and enabling such a situation to arise at all. He should feel grateful indeed to not be facing at the least a civil suit. Clearly, all moral and ethical reasoning aside, criminal offences were committed here and not simply an unprovoked assault (for which there is no defence) followed by a very much provoked assault (which may be readily defended). Additionally, the promoter might find himself charged with all manner of accessorial offences. There is no criminal defence available to any party here on the grounds of the terms and conditions of entry; such conditions may be express and written, but there is no right to solicit or consent to a criminal offence that might be enabled thereby and liability for injury may not be limited, even so. Whether written and express or not, certain conditions are implied - that the promoter has a certain duty of care for instance, regardless. In civil law, the promoter has very likely failed in his duty of care to this man as well as having likely breached contract and hence might face a claim, and the woman concerned might expect a suit for compensation for injury and psychological distress, (notwithstanding the contributory negligence of the man in being in a venue where it might be understood that such an event might occur, this being part and parcel of its purpose and him understanding that), and notwithstanding that any such civil claim would be superseded by a criminal trial. In reality however, I would not expect the man assaulted and ejected to be very willing to take any action whatever, since to do so might expose him to social difficulties of greater impact than this incident. And this is where this woman and the promoter effectively escape legal sanction. What they cannot escape however is the verdicts reached on their respective merits by others who witnessed, or are subsequently informed of the incident. I would suggest that anyone now associating with such people, known to have acted in such a way, is asking for trouble at some stage - because it would seem clear from the facts of the case that neither of them feel under any obligation whatsoever to observe any form of moral or ethical limitation to their behaviour. E
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