Dermot owns a flower shop and his deliveries are made by his employee, Gus. While picking up fish and chips to take home for his evening meal, Gus fell asleep at the wheel of his van and injured Molly. Which of the following statements correctly describes Molly's rights?

1. (1)Molly can sue Gus for nuisance.
2. (2)Molly can sue Dermot for Gus' negligence under the principle of vicarious liability.
3. (3)Molly can sue only Gus in negligence because the accident occurred when Gus was doing
4. something outside the ordinary scope of his employment.
5. (4)Dermot's liability would change if Gus were an independent contractor.