Standardising the standard of the learner driver: Imbree v McNeilly
Shircore, Mandy (2008) Standardising the standard of the learner driver: Imbree v McNeilly. James Cook University Law Review, 15 (2008). pp. 234-249.
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More than twenty years after the High Court of Australia created an exception to the objective standard of care required of the reasonable driver by imposing a reduced standard upon inexperienced, unqualified drivers in respect to their supervising passenger, the High Court has ruled that this anomaly can no longer stand. Long a favourite of torts law examiners, the case of Cook v Cook,2 has recently been overruled in Imbree v McNeilly,3 so that the standard of care now owed by inexperienced drivers to all road users, including their supervising passengers, is one and the same - that of the 'reasonable driver'.
|Item Type:||Article (Refereed Research - C1)|
This publication does not have an abstract. The first paragraph of the Introduction is displayed as the abstract.
|Keywords:||duty of care|
|FoR Codes:||18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation @ 100%|
|SEO Codes:||94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%|
|Deposited On:||05 Feb 2010 12:10|
|Last Modified:||19 Dec 2011 15:50|
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