TORT LAW — Negligence — Duty of Care — Mutual duty of care on highway users
Ratio Decidendi
Per Muhammad, JSC, in Hamza v. Kure (2010) NLC-123-227-2001(SC) at p. 11, para. D:
"I think the law has placed a mutual duty of care on persons driving on the highway, moving in relation to one another as to involve risk of collision, to move with due care. And this is true whether they are both in control of vehicles [including motor-cycles] or both proceeding on foot, or whether one is on foot and the other controlling a moving vehicle."
Explanation / Scope
This principle establishes that the law imposes a mutual duty of care on all persons using the highway, whether driving vehicles, riding motorcycles, or proceeding on foot, where their movements involve a risk of collision. The principle applies in highway negligence claims. It ensures that all road users owe a duty of care to one another. The principle reflects the reciprocal nature of duty on the highway. It prevents any class of road user from claiming immunity from the duty of care. The court must apply the mutual duty standard. The principle provides guidance on the duty of care on highways.
Mutual duty of care on all highway users, whether driving or on foot.