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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