O iii disability physical disability relevant if

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o (iii) Disability (Physical disability – relevant if properly in situation). Physical disability will be taken into account, a reasonable person with a disability. If a blind person is driving and hits someone, then looked at as a person driving negligently. Blind person should not be driving a car. Blind person should take more reasonable care because of their disability, more vigilant in meeting the standard of care (e.g. a one eyed driver). If something happens while a reasonable person is driving (e.g fit, heart attack etc) if its not expected, then not negligent but if been having tingling and heart attacks in the week before, then negligent- should not be driving. o (iv) Mental Incapacity (Insanity) – not relevant ( Adamson ) (unless automatism (i.e. involuntary)). Mental illness is not taken into account by courts. As long as you’re controlling your body, mental illness is not taken into account. The aim of torts is to compensate the victim. Adamson v Motor Vehicle Insurance Trust (1957): D stole a car and was driving very fast ignoring traffic signals until they hit P who was a pedestrian. D was driving like that because he was having a schizophrenic attack, thought his workmates were chasing after him. Sued for negligence. Court found him liable. Held : Responsible when he crashed (controlling his body) and sanity is not taken into account. o (v) Inexperience/ Modified Duty [Consensual Relations] – not relevant unless plaintiff knows and accepts modified standard (e.g. Cook v Cook ) (onus on def to prove this – exceptional). Judged according to the reasonable experienced person. (e.g. learner driver is judged against the reasonable experienced driver, same with learner doctors- reasonable experienced doctor) Cook v Cook (1986): D was learning to drive, didn’t have her learners yet. P knew D wanted to drive so asked her to drive her somewhere. P didn’t want to do it but D persuaded her to drive. She drove straight into a concrete pole, seriously injuring P. P sued D for negligence, Courts Held : Objective standard- reasonable experienced competent driver but there are// sometimes exceptional circumstances when this will change. Instructor and pupil by same objective standard- driver and user of the highway, but if pupil is driving then not in. Absence of the skill that lies in the heart of the relationship. If a learner is driving, they will be an unqualified and inexperienced driver. Courts adjusted the standard of care to fit into the relationship of an instructor and pupil. P knew of D’s inexperience and still got into the car. Still an objective standard- Did D behave as a reasonable inexperienced driver? However still with standard lowered, D was still held liable. She deliberately accelerated. In theory this rule can apply to any but for it to succeed (l driver situation) - instructor is so much more skilled than the driver, both know it.
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