In this article I submit first that Uber, a ridesourcing platform or booking service provider under the Commercial Passenger Vehicle Industry Act 2017 (Vic), owes the consumer (the contracting passenger) a guarantee of exercising due care and skill under the Australian Consumer Law. Second, that guarantee includes managing driver fatigue. As our road signs warn ‘Fatigue Kills’ and booking service providers have the means to monitor driver fatigue. Third, that being so, more generally the guarantee includes ensuring the driver is safe, eg is not intoxicated. Finally, this analysis is a springboard to submit that, at common law, there is a duty of due diligence owed to a guest passenger and other road users to ensure a safe driver.
|Number of pages||30|
|Journal||Competition and Consumer Law Journal|
|Publication status||Published - 2020|