Legal status between cab company and rider

[Student21]

Hi,
My question is theoretical, but important for the paper I'm writing, so I'd appreciate your help. I'm trying to determine whether one could claim there is a contract between a cab company and a rider. Specifically, I called a cab in advance and was told over the phone that it would arrive in a 15 minute window (this information is available on the company's website as well). The cab arrived after 45 minutes. Is that a breach of contract?
Also, if you have any comments about why I could or could not sue the company I'd appreciate it.
Again, I'm not planning on actually suing, so please don't comment on how frivolous this is.
Thank You

 

[cbg]

What on EARTH makes you imagine that the cab company can control the amount of traffic? Timing of traffic lights? Detours? Road construction? Delays of other kinds?

 

[Student21]

The problem wasn't the traffic. The driver was on his way, when they got another call in the area, so they sent him and had a different driver come, and that driver "got lost," according to them (even though the location was pretty central and he had a gps on). I have proof of that, I have an email from the company admitting their guilt.
So, assuming nothing out of their control happened, could they be sued?

 

[disagreeable]

The answer is two-fold. If you or your company had a prior contract with the cab company, there could be penalties etc for specific performance. If you just called one and asked for it to show up you should do your best to give plenty of time for it to arrive as you have no agreement. My company had a contract and I was paid $22 per hour for every minute past 30 minutes it took for the cab to arrive beyond its scheduled time and deliver me to my work. My job paid me and in turn offset the wage fees against their charge account with the cab company as a matter of contract. I used to make a killing in Philly. I sometimes chose to go there, knowing it would only be a 6 hour drive and I could likely pickup a $50 bill sitting around.

 

[Betty3]

It doesn't sound like from what you posted that you are talking about a written contract so no there would be no breach of a contract or anything to sue for.

 

[army judge]

Hi,
My question is theoretical, but important for the paper I'm writing, so I'd appreciate your help. I'm trying to determine whether one could claim there is a contract between a cab company and a rider. Specifically, I called a cab in advance and was told over the phone that it would arrive in a 15 minute window (this information is available on the company's website as well). The cab arrived after 45 minutes. Is that a breach of contract?
Also, if you have any comments about why I could or could not sue the company I'd appreciate it.
Again, I'm not planning on actually suing, so please don't comment on how frivolous this is.
Thank You

Before you even begin to consider a lawsuit, or anyone could intelligently comment as to the possibility of said lawsuit, you need to determine three things:
1) under whose auspices is the taxi company licensed
2) what does Wisconsin law, county and city ordinance, say about taxi regulation and oversight
3) are there any legal precedents under Wisconsin law

You also need to read what the regulatory statutes say about carriage (common carrier, or have certain statutory exceptions been created).

If the law in your state says a contract was created upon ordering a taxi at a certain time, then contract law applies. If contract law applies, damages are clearly spelled out for any breach. If no such language exists, any damages are likely spelled out by the regulatory (and/ licensing) agency.

Lastly, but of the greatest importance, anyone can sue anyone for anything.

The better questions inquire:
If I sue (PROVIDE ANY NAME HERE), how likely am I to prevail?
What are my damages?
What does the contract say about breaches?

Lawsuit-101, always go back to lawsuit-101.

 

[Student21]

Before you even begin to consider a lawsuit, or anyone could intelligently comment as to the possibility of said lawsuit, you need to determine three things:
1) under whose auspices is the taxi company licensed
2) what does Wisconsin law, county and city ordinance, say about taxi regulation and oversight
3) are there any legal precedents under Wisconsin law

You also need to read what the regulatory statutes say about carriage (common carrier, or have certain statutory exceptions been created).

If the law in your state says a contract was created upon ordering a taxi at a certain time, then contract law applies. If contract law applies, damages are clearly spelled out for any breach. If no such language exists, any damages are likely spelled out by the regulatory (and/ licensing) agency.

Lastly, but of the greatest importance, anyone can sue anyone for anything.

The better questions inquire:
If I sue (PROVIDE ANY NAME HERE), how likely am I to prevail?
What are my damages?
What does the contract say about breaches?

Lawsuit-101, always go back to lawsuit-101.

Thanks, that's really helpful. Do you know where I can find out what the law says and if there are any precedents?

 

[army judge]

Thanks, that's really helpful. Do you know where I can find out what the law says and if there are any precedents?

Yes, I do know where one can discover such information: Lexis-Nexis comes to mind, or you can search for case precedents in Wisconsin concerning the subject matter that you are researching.

A visit to any large university library would prove quite useful, as would one to your county law library.

One more caveat, my gut tells me that any contract that might issue wouldn't derive until the cab arrives, picks you up, you announce your destination, and the cab begins to drive towards the stated destination.

If such a contract did issue at that point, it would also probably be limited by sate law (local ordinance) and governed by the rules promulgated by the regulatory authority.

I can't think of anyway one could successfully argue the dispatcher said the cab would arrive within 10 minutes, but it got there within 25 minutes. The arrival, if a contract is lawful, has nothing to do with performance under the contract.

As my friend "diasagreeable" revealed, in post four above, contacts in his past life were negotiated outside of the normal call Yellow Cab and request a pick up. The contract he referenced had much to do with a negotiated "service level agreement".