Are there objective standard problems relating to the law in tort?
… Lord Denning, every driver, irrespective of whether he or she is a learner driver, owes a duty of care to passengers in the car. Indeed, criminal law insists that every person driving a car must reach an objective standard measured by the standard of a skilled and experienced driver. Whilst in Denning’s reasoning, he concedes that Mrs Weston may not be morally liable; she is however, according to Denning, legally liable as she was legally required to be insured and so it is logical that she should bear the risk of her driving. Denning states the difficulties of approving a different standard of care for different defendants and also argues that his approach is needed to safeguard compensation for victims of road traffic accidents. Indeed, Denning states that someone injured in a road accident should not be left to bear the loss on their own, as the insurance fund is …
