What is the common law duty of a driver to keep a proper look-out and take reasonable precautions?
British Columbia, Canada
The following excerpt is from Julian v. Joyce, 2016 BCSC 1417 (CanLII):
The authorities establish that all motorists have an overarching common law duty to exercise what constitutes, in all the circumstances, reasonable and due care. All motorists have a general duty to keep a proper look-out and to take reasonable precautions in response to apparent potential hazards: Hmaied v. Wilkinson, 2010 BCSC 1074 at para. 23.
It is a well-settled proposition that drivers in this province are entitled to assume, within reason, that the other users of the roads in British Columbia will obey the law: Mills v. Siefred, 2010 BCCA 404 at para. 26.
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