Question
Nurdeen runs a small bakery business in Toronto called Magical Muffins. He came up with a genius plan to make his magical muffins available for
Nurdeen runs a small bakery business in Toronto called Magical Muffins. He came up with a genius plan to make his magical muffins available for online order and delivery. Nurdeen is awash in orders. He hires Matthew to help with deliveries. One day, Matthew is given an order for delivery to Dewey Suem & Howe (DSH) for six boxes, which he promptly delivers to the correct address. There is no "for the attention of" information included on the order, so he delivers the order to the general reception area. Matthew is told by Jayson at the reception area to stack the boxes neatly at the corner of the reception desk while Jayson figures out which lawyer needs to come pick up the muffins. Matthew carefully does so. Unfortunately, a moment after Matthew completes the stack, Henrietta a young lawyer at the firm comes rushing along head buried in a file, trips and runs into the corner of the reception desk. Oh the humanity! This causes a muffin apocalypse. Muffin parts are scattered everywhere, including all over Matthew's uniform, DSH's carpet and into Jayson's eye. Seconds later, Pravjot the lawyer who ordered the muffins arrives to collect them from reception. Everyone begins pointing the cold hard finger of blame at everyone else.Taking into account the key facts of this case, which of the following statements is TRUE?
a. Henrietta has committed the tort of battery.
b. Matthew has committed the tort of negligence, and Magical Muffins in vicariously liable for this tort.
c. Because Jayson instructed Matthew where to put the muffins, Jayson is vicariously liable for Matthew's tortious actions.
d. As Jayson's employer, DSH is vicariously liable for failing to keep its premises reasonably safe for everyone on its premises.
Select the correct answer, then state the legal rule(s) relevant to that answer, and apply them to the facts given.
Then, pickoneincorrect answer that you rejected, and explain why it is not the correct answer.
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