Commercial Law, 2011 Bar — Question 48

MULTIPLE CHOICE

B, while drunk, accepted a passenger in his taxicab. B then drove the taxi recklessly, and inevitably, it crashed into an electric post, resulting in serious physical injuries to the passengers. The latter then filed a suit for tort against B's operator, A, but A raised the defense of having exercised extraordinary diligence in the safety of the passenger. Is his defense tenable? A) Yes, as a common carrier can rebut the presumption of negligence by raising such a defense. B) No, as in tort actions, the proper defense is due diligence in the selection and supervision of the employee by the employer. C) No, as B, the common carrier's employee, was obviously negligent due to his intoxication. D) Yes, as a common carrier can invoke extraordinaiy diligence in the safety of passengers in tort cases.

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