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Mr Loaded and Controle's liability Controle has caused a traffic accident and injured another driver. He has acted negligently, his conduct falling below the standard expected of a reasonably competent and experienced driver (Nettleship v Weston) 1. This standard is enshrined in the duty of care which, imposes obligations on individuals to exercise care towards others. A duty arises when there is (1) reasonable foresight of harm to persons who are likely to be harmed by carelessness (Donaghue v Stevenson),2 (2) a sufficient 'proximate' relationship between the parties (Watson v British Boxing Board)3; and (3) it is just and reasonable to impose a duty (Caparo v Dickman).4 It is foreseeable that careless driving can cause harm, road users have a relationship of proximity, and that imposing a duty is fair as a matter of policy (McLoughlin v O'Brian)5, as this encourages vigilance on the highways6. However, Mr Loaded is vicariously liable...

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