Fletcher v Besser

In *Fletcher v Besser*, the High Court of Australia considered a dispute between the appellant, Fletcher, and the respondent, Besser. The case concerned the appellant's liability for damages arising from a motor vehicle accident in which the respondent was injured.

The central legal issue before the High Court was whether the appellant, as the driver of a vehicle involved in the accident, owed a duty of care to the respondent, a passenger in that vehicle, to drive in a manner that did not expose the respondent to an unreasonable risk of injury. This involved an examination of the scope of the duty of care owed by a driver to their passengers in Australian negligence law.

The High Court, in a joint judgment delivered by McHugh and Heydon JJ, affirmed that a driver owes a duty of care to their passengers to drive with reasonable care and skill. Their Honours reasoned that the relationship between a driver and a passenger is one that inherently carries a risk of injury if the driver fails to exercise due care. The court applied established principles of negligence, holding that the foreseeability of harm to the passenger was a key factor in establishing the existence and scope of the duty of care. The court found that the appellant had breached this duty of care.

The High Court allowed the appeal in part, setting aside the judgment of the Full Court of the Supreme Court of Queensland and remitting the matter for re-assessment of damages.