Orderly, a male attendant who worked at Hospital, had sexual relations with Patient, a severely retarded person, in her room at Hospital. In a tort action brought on Patient's behalf against Hospital, Patient will 
not prevail, if Orderly's actions were outside the scope of his employment.  not prevail, if Patient initiated the relationship with Orderly and encouraged his actions.  prevail, if Orderly was an employee of Hospital.  prevail, if Hospital failed to use reasonable care to protect Patient from such conduct. 
Question: Orderly, a male attendant who worked at Hospital, had sexual relations with Patient, a severely retarded person, in her room at Hospital. In a tort action brought on Patient's behalf against Hospital, Patient will 
A. not prevail, if Orderly's actions were outside the scope of his employment. 
B. not prevail, if Patient initiated the relationship with Orderly and encouraged his actions. 
C. prevail, if Orderly was an employee of Hospital. 
D. prevail, if Hospital failed to use reasonable care to protect Patient from such conduct. 
Answer: