No Standard Of Care For Inexperienced Drivers After The Case Cook Vs. Cook

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There had been a rule in Australian legal history which demanded a lower standard of care for inexperienced drivers after the case Cook vs. Cook. However, this anomaly of variable standard of care to reflect the relationship between inexperience drivers, driving in supervision of experienced drivers was overruled by Australian High Court after the case of Imbree vs. McNeilly.

Facts of the case:

Paul Imbree, the plaintiff , a supervising licensed driver has suffered a serious injury in a road accident in Northern Territory due to the negligence and breach of duty of care by Jesse McNeilly aged 16 years & 5 months old, the first defendant, and an inexperienced driver not possessing any driver/ learner’s permit.

At the time of the accident, Jesse was driving the car owned and registered in the name of Qantas Airways Ltd, the 2nd defendant at the invitation and supervision of Imbree on Larapinta Drive, between Kings Canyon and Hermann burg in April 2002. Imbree was allowed to use the car for his personal use.

The plaintiff accompanied his son and son’s friend and knowing the fact that the driver (McNeilly) is inexperienced so he drove himself where the road was hilly and difficult while he allowed both the defendant and his son occasionally for some drive spells when it was clear two lane track with no obvious corrugations.

The driver lost control over the car and it over turned the vehicle when he couldn’t balance the vehicle on sighting tyre debris on the
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