Prompt Delivery Ltd

question 23

Essay

Prompt Delivery Ltd. operates a delivery service between Toronto and Hamilton. On November 28th, Wellfield Oil Corp. contracted with Prompt Delivery to deliver a package from Wellfield's Toronto Office to its Hamilton Office. Dan Dickson is a driver for Prompt Delivery. He picked up the parcel from Wellfield's Toronto Office at 2:30 PM on November 28th-having had no clue as to its importance.
a. Using the Prompt Delivery van, Dan stopped at the local pub prior to leaving for Hamilton. He got into a fight with a patron and caused extensive damage to the furnishings. Can the pub owner sue Prompt Delivery? Can the patron sue Prompt Delivery?
b. Suppose Dan took three days to deliver the parcel instead of the normal one day, and as a result of not receiving the package in one day Wellfield had to shutdown its operation for two days, losing $2,500 per day. Who could Wellfield sue for their losses and what if anything could they recover?

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