← All Authorities
Australia Leading Case breach standard of care

Imbree v McNeilly

(2008) 236 CLR 510
JurisdictionAustralia
CourtHigh Court of Australia
Year2008
StatusBinding authority

Summary

A learner driver owes the same objective standard of care as a competent driver, regardless of their inexperience.

Key Principle

standard of care owed by learner drivers; objective standard applies regardless of inexperience

Area of Law

tort

Related Cases

Bird v DP (A Pseudonym) (2024) 98 ALJR 486

High Court of Australia held a religious organisation vicariously liable for sexual abuse by a priest, recognising a relationship akin to employment sufficient to ground vicarious liability.

Bryant v Badenoch Integrated Logging Pty Ltd (2023) 278 CLR 99

High Court of Australia held that the peak indebtedness rule does not apply when assessing unfair preferences under s 588FA of the Corporations Act 2001 (Cth).

Kozarov v Victoria (2022) 275 CLR 115

An employer owes a duty to take reasonable steps to protect an employee from psychiatric injury caused by vicarious trauma, and may breach that duty by failing to act on obvious warning signs.

Ask CommonBench about this case

Get a detailed analysis of Imbree v McNeilly and how it applies to your situation.

Explain Imbree v McNeilly