Mansfield v Weetabix Ltd [1997] EWCA Civ J0326-22; [1998] 1 WLR 1263; [1998] RTR 390
NEGLIGENCE – DUTY OF CARE – STANDARD OF REASONABLE CARE EXPECTED OF DRIVERS – DRIVERS WITH PRE-EXISTING CONDITIONS
Facts
D appealed against a judgment holding them liable in negligence following an incident in which a lorry belonging to D, and driven by one of their employees (T), crashed into C’s shop, causing extensive damage. Unbeknownst to T, he suffered from malignant insulinoma, a condition which resulted in a hypoglycaemic state which had impaired T’s ability to drive and that, it was accepted, had caused the accident. It was also accepted at first instance that T, had he been aware that his ability to drive was impaired, would not have continued to drive.
Law Teacher writing support
Writing a law essay?
We choose a writer who is an expert in your area of law and qualified to at least the academic level you select. Most of our writers hold a master’s degree or PhD, have teaching experience, or both.
Send us your question and, if you wish, any marking criteria. We’ll write an essay to your instructions.
Issues
Whether a driver suffering from a condition which impairs his/her ability to drive should be held to the same standard as the reasonably competent road user or, alternatively, whether the effect of the condition could be taken into account when determining the relevant standard of care.
Decision/Outcome
In finding for D the Court of Appeal held that T’s lack of knowledge of his disabling condition had to be taken into consideration when determining the applicable standard of care to be expected of him. He neither knew nor could reasonably have known of the infirmity that caused the accident. This was a civil case, not a criminal prosecution, and so it need not be proven that T was acting as an automaton, i.e. without any awareness of his actions. That would be to impose a test of strict liability, whereas T was merely under a duty to attain the standard of a reasonably competent driver who is unaware he is or may be suffering from a condition that impairs his ability to drive.
