Reference no: EM132488867

Harold Green and Herbert Green, who were unrelated persons with the same surname, carried on parcel delivery businesses in the same city. Each operated as a sole proprietor, under the name Green Delivery, and carried on business from the same warehouse building. The two men were good friends. They frequently assisted each other by carrying parcels for the other in deliveries outlying parts of the city. To complicate matters ie s inthe two proprietors would sometimes use the spare truck owned by the other when their own vehicles breakdowns or required service. Apart from the had hat each had a different telephone number, it was impossible to distinguish between the two firms. Over dme regular customers often referred to the two firms ollectively as "Green Brothers Delivery," even though the two men were not related to each other. Fiona, an antique dealer who frequently used the delivery services of both men, requested Harold Green to deliver an expensive antique chair to her country home. Harold Green, at the time of the request for pickup, advised Fiona that he would send his truck out to pick up the chair. However, Herbert Green picked up the chair at Fiona's place of business and took it to the warehouse for delivery. That day a fire of unknown origin destroyed the warehouse and its contents. The charred remains of the chair were found in the jointly used part of the warehouse after the fire. The chair had a value of $ 3,000. Each of the sole proprietors denied liability for the loss.

Advise Fiona as to how she might proceed in this case.