1. (a) Explain by reference to case law how the courts make the distinction between a contract of service and a contract for services. What is the importance of this distinction?
(b) Fred is employed by Dan's Garage. John, a customer, fills up with petrol and goes to pay. Because of a mechanical fault there is a difference between the value of the sale shown by the pump and that shown by the terminal which Fred is using. Fred insists that the pump is wrong and that the value of the sale is £5 more than the pump is showing. There is an argument and suddenly Fred gives John a punch which breaks his nose.
John is now claiming against Dan on the basis that he is liable for the damage resulting from the assault.
Explain the legal position to Dan.