Contractual Agreement / Common Carriers Self-Quiz

 

 

 

 

 

 

 

 

 

Nelson is a cab driver who also privately contracts his services. Bart and Nelson sign a contract whereby Bart agrees to pay Nelson $5,000 and Nelson agrees to drive Bart anywhere he wants to go whenever he wants to go for the next year. One night, Bart starts feeling chest pain and calls Nelson to take him to the hospital. Nelson tells Bart that he doesn’t feel like picking him up and hangs up on him. Bart suffers a serious heart attack that could have been prevented had he arrived at the hospital in time. If Bart sues Nelson for negligence, he will probably:
Choice 1 Win, because Nelson violated his contract with Bart
 Choice 2 Win, because the harm Bart suffered would have been avoided had Nelson honored the contract
 Choice 3 Lose, because Bart could have taken an ambulance to the hospital
 Choice 4 Lose, because failure to perform on a contract does not give rise to tort liability
Nelson is a cab driver who also privately contracts his services. Bart and Nelson sign a contract whereby Bart agrees to pay Nelson $5,000 and Nelson agrees to drive Bart anywhere he wants to go whenever he wants to go for the next year. One night, Bart starts feeling chest pain and calls Nelson to take him to the hospital. Nelson picks Bart up immediately but, while driving to the hospital, Nelson drives through a red light and crashes into another car. By the time Nelson finally gets Bart to the hospital, Bart has suffered a serious heart attack that could have been prevented had he arrived at the hospital in time. If Bart sues Nelson for negligence, he will probably:
Choice 1 Win, because Nelson drove negligently
 Choice 2 Win, because the harm Bart suffered would have been avoided had Nelson honored the contract
 Choice 3 Lose, because Bart could have taken an ambulance to the hospital
 Choice 4 Lose, because so long as Nelson honored the contract, it does not matter how he acted while honoring it

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