(Vitiating Factors Abuse of Power)

Cheryl worked as a part

–

time waitress at the Tandoori Inn. During the course of serving a

customer her meal, she was momentarily distracted and bumped into a passing customer and as

a resu

lt she dropped a hot dish of curry onto herself and the customer. Both Cheryl and the

customer were burnt. Does the customer have any remedy in tort against anyone for the burns

she received?