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

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."

Correct Answer:

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