You are in a serious personal injury motor vehicle accident, in which, naturally, the police, a volunteer fire department and a volunteer ambulance is dispatched. The volunteer ambulance service is a free service.

The accident prevents traffic from using the roadway for several hours, and the firemen are required to do extrication on your behalf in order for the paramedics to transport you to the hospital. Due to the extent of your injuries the local volunteer ambulance service which is free had to call in an ambulance that offered a higher level of care. The high level care ambulance service is not free and it is a paid service.

Fortunately, all goes well, and you arrive at the hospital and are successfully treated for your injuries. Two months later you receive a bill from the paid ambulance service demanding $2000.00 for their services. You contact them and advise the service you are not going to pay as there was no valid or binding consideration done between you and the ambulance, as at the time you were unconscious and unable to determine which service you wanted. Further, you cite Preexisting Duty as the basis for your complaint.

Questions:

1. Is the basis of Preexisting Duty applicable here? Explain
2. Is this a valid bill on the part of the paid ambulance service? Why or Why not? Explain