John is the owner and manager of an apartment building. Concerned about the safety of his tenants, John hires SafetyGuys, Inc., to provide security services in his building. SafetyGuys is a corporation formed for the purpose of providing security guards to private businesses. In making the arrangement, John deals directly w/ SafetyGuys' chief executive officer, a man named Richard, who explains to John that the security guards will be employees of SafetyGuys who will receive their instructions from their supervisor, another SafetyGuys employee. However, any agreement w/ SafetyGuys would be subject to John's specific requests concerning the conduct and duties of the guards, and John could make any further requests as he chose during the life of the agreement.

During the first week that a SafetyGuys guard was on duty in John's building, the guard mistook Peter, a tenant, for an intruder. A scuffle ensued and the guard beat Peter severely, causing significant physical injuries. Peter sues John for money damages for his injuries.

Which of the following facts, if true, would be most helpful to Peter in this action?

(A) Richard, the SafteyGuys CEO, has encouraged all his guards "not to spare the rod" - that is, he has taught them that physical force is appropriate for self-defense and whenever the guards' orders are disobeyed.
(B) Peter cannot win this action.
(C) SafetyGuys is improperly incorporated and has committed federal securities fraud.
(D) John failed to inquire of Richard concerning the caliber of SafetyGuys employees.