High Court changes position on standard of care of learner drivers

Stickley, Amanda P. (2008) High Court changes position on standard of care of learner drivers. Queensland Lawyer, 29(2), pp. 88-91.

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Since the High Court decision of Cook v Cook (1986) 162 CLR 376, a person who voluntarily undertakes to instruct a learner driver of a motor vehicle is owed a lower standard of care than that owed to other road users. The standard of care was still expressed to be objective; however, it took into account the inexperience of the learner driver. Therefore, a person instructing a learner driver was owed a duty of care the standard being that of a reasonable learner driver. This ‘special relationship’ was said to exist because of the passenger’s knowledge of the driver’s inexperience and lack of skill. On 28 August 2008 the High Court handed down its decision in Imbree v McNeilly [2008] HCA 40, overruling Cook v Cook.

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ID Code: 32471
Item Type: Journal Article
Refereed: Yes
Keywords: Negligence, Standard of care, Breach of duty
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2008 Thomson Reuters (Australia/NZ)
Deposited On: 02 Jun 2010 21:57
Last Modified: 09 Jun 2010 14:30

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