What is the test for consent when a driver is not named in the rental agreement?
British Columbia, Canada
The following excerpt is from Prasad v. Bell, 2001 BCSC 685 (CanLII):
The facts in this case are unlike those in Chokyu v. Miyamoto (1993), 48 M.V.R. (2d) 96 (B.C.S.C.) where the court found that the rental company had implicitly consented to the vehicle being driven by a driver not named in the rental agreement. The court found that all the circumstances surrounding the rental outside of the actual agreement implied consent and the only circumstance negating consent was an exclusion clause on the back of the agreement not brought to the customer’s attention.
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