Defendant didn’t realise he had hypoglycaemia and didn’t realise that his ability had been severely impaired.
He crashed into Plaintiff’s shop who sued him for negligence.
HL said that the standard of the duty of care was that of a “reasonably competent driver unaware that he was or might be suffering from a condition that impaired his ability to drive.”
If no “awareness” was considered it would be a strict liability test.
In this case he could not reasonably have been aware of his condition.
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Tort Law | Negligence Duty Of Care Notes (35 pages) |