Vulnerability, insurance and policy: The learner driver's standard of care

Carver, Tracey L. (2009) Vulnerability, insurance and policy: The learner driver's standard of care. eLaw : Murdoch University Electronic Journal of Law, 16(1), pp. 6-31.

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In Cook v Cook the Australian High Court held that the standard of reasonable care owed by a learner driver to an instructor, conscious of the driver’s lack of experience, was lower than that owed to other passengers and road users. Recently, in Imbree v McNeilly, the High Court declined to follow this principle, concluding that the driver’s status or relationship with the claimant should no longer influence or alter the standard of care owed. The decision therefore provides an opportunity to re-examine the rationale and policy behind current jurisprudence governing the standard of care owed by learner drivers. In doing so, this article considers the principles relevant to determining the standard and Imbree’s implications for other areas of tort law and claimant v defendant relationships. It argues that Imbree was influenced by changing judicial perceptions concerning the vulnerability of driving instructors and the relevance of insurance to tortious liability.

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ID Code: 40962
Item Type: Journal Article
Refereed: Yes
Additional Information: Item unavailable pending Publisher response
Keywords: vulnerability, duty of care, learner driver, standard of care, insurance
ISSN: 1321-8247
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
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2010 Tracy Carver
Deposited On: 27 Mar 2011 22:29
Last Modified: 29 Feb 2012 14:09

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