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Question 1

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:

Question 2

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: