Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. Going by the elements of the offence, Derek can be held liable for breach of the Act since the gathering called by him was attended by six hundred persons and considering that the gathering is to celebrate his 21st birthday, the possibility of alcohol consumption is high and there was no permit was secured from the local magistrate. Derek does not fall under any of the exemptions enumerated as he is not a member of Ray’s family, an employee or agent.
Although Ray is the manager of the business entity where Derek works as a sales assistant, they are merely working under one establishment thus no employer-employee relationship between was established. On the other hand, when Ray asks Derek to keep an eye on his landholding, did Derek become his employee? The answer is in the negative since the request was made as a favour there being no compensation agreed upon.
When Ray requested Derek to keep an eye on his smallholding, did he constitute Derek as his agent? Again, the answer is no. An agent is someone who is designated or appointed by one to act in his place, or one who is entrusted with the business of another, or one who is authorized to act on behalf of another to create a legal relationship with a third party. Derek was not authorized to act on behalf of Ray, neither did Ray entrust his business to Derek nor did he authorized Derek to transact with a third party. Derek was merely entrusted with the smallholding to look after while Ray was on holiday—there was no agreement to form an agency relationship.
The Act is promulgated to maintain the peace thus any act done or threatened to be done which actually harms a person, his property, or likely to cause harm as enunciated in R. v Howell constitutes as disturbing the peace. Intent to cause harm or disturb the peace is not an essential element.