Fact Pattern 5-1 Candy Owns a Nail and Hair Salon. She Reaches an She

Fact Pattern 5-1
Candy owns a nail and hair salon. She reaches an agreement with Todd, an independent contractor, allowing him to do nails in her salon three days per week. Todd has a sign on his desk informing his customers that he is an independent contractor of the shop. After working for a month, Todd asks Candy if she has been paying appropriate social security taxes for him. He also informs Candy that Phyllis, a customer, is preparing to sue both Todd and Candy based upon a nasty nail fungus she developed after having her nails done by Todd.
-Refer to fact pattern 5-1. Which of the following is true regarding legal responsibility to Phyllis assuming negligence on the part of Todd can be established?

A) Both Candy and Todd are responsible to Phyllis with Candy being primarily responsible meaning that if Todd pays then he can recover any payments from Candy.
B) Both Candy and Todd are responsible to Phyllis with Todd being primarily responsible meaning that if Candy pays then she can recover any payments from Todd.
C) Candy owes 50% of any payments due Phyllis, and Todd owes 50%; but neither Candy nor Todd can recover against the other.
D) Candy does not owe Phyllis any amounts.

Correct Answer:

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