Publication Type

Journal Article

Version

publishedVersion

Publication Date

7-2009

Abstract

In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in fact hints at a larger difficulty in the ascertainment of the standard of care in individual cases. It is in this context that it will be suggested that, when the time comes for Singapore courts to consider the applicability of Imbree, this difficulty should be borne in mind. At first instance in the Supreme Court of New South Wales, Studdert J. found in favor of the appellant, finding that first respondent had "behaved with carelessness over and above what could be attributed merely to inexperience" and awarded the appellant damages of more than A$9.5 million, although there was a deduction of 30% for contributory negligence.

Keywords

Driver education, Supreme Court decisions, duty of care, Singapore, Australia

Discipline

Asian Studies | Courts | Legislation

Publication

Singapore Journal of Legal Studies

Volume

[2009]

First Page

283

Last Page

289

ISSN

0218-2173

Publisher

National University of Singapore

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