Wheare v Clarke

In *Wheare v Clarke*, the Supreme Court of South Australia considered a dispute arising from a motor vehicle collision. The plaintiff, Mr. Wheare, was driving his vehicle in a northerly direction when the defendant, Mr. Clarke, driving in the opposite direction, turned his vehicle across Mr. Wheare's path. Mr. Wheare alleged that Mr. Clarke was negligent in failing to keep a proper lookout and in cutting the corner when making his turn. Mr. Clarke, in turn, alleged that Mr. Wheare had contributed to the accident by failing to alter his course or speed.

The central legal issues before the Court were whether Mr. Clarke's actions constituted negligence, and if so, whether Mr. Wheare's conduct amounted to contributory negligence. The Court was required to assess the respective duties of care owed by each driver and determine whether either or both had breached those duties, thereby causing or contributing to the collision.

The Court found that Mr. Clarke was negligent in failing to keep a proper lookout before commencing his turn and in cutting the corner, which brought him into the path of Mr. Wheare's oncoming vehicle. However, the Court also found that Mr. Wheare had been contributorily negligent. It held that Mr. Wheare had seen Mr. Clarke's vehicle turning and had an opportunity to take evasive action by slowing down or altering his course, but failed to do so. Consequently, the Court apportioned blame, finding Mr. Clarke 75% responsible and Mr. Wheare 25% responsible for the accident.