An Exotic Dancer, Jasmine, Jumped from the Stage onto the Lap

question 113

Multiple Choice

An exotic dancer, Jasmine, jumped from the stage onto the lap of a patron. The chair broke, and in the fall, a disc in the plaintiff's back was broken. Jasmine maintained that she would jump on the lap of a patron only if he indicated he wanted her to do so and offered a tip. Which of the following is incorrect with respect to the legal position of the parties?

• A) The patron would sue not only Jasmine for negligence but the employer as well for vicarious liability.
• B) Jasmine's best defence would be that the patron voluntarily assumed the risk.
• C) The patron would bring an action relying on the Occupiers' Liability Act.
• D) Jasmine owes a duty of care to patrons, as they are foreseeable victims.
• E) The employer would not be liable since Jasmine was on a "frolic of her own."

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Definitions:

American Put

An option contract giving the holder the right, but not the obligation, to sell a specified amount of an asset at a predetermined price before or on a specified expiration date.

European Call

An option contract that allows the holder to buy the underlying asset at a specific price only on the expiration date.

American Option

A type of options contract that allows the holder to exercise the option at any time before and including its expiration date.

Expiration Date

The specified date on which an option, futures contract, or other derivative ceases to exist.