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(A) the Way He Drives Falls Far Below What would be expected of a Competent and careful Driver, and
(B) it would be Obvious to a Competent and careful Driver that driving in that Way would be Dangerous.
The Fact that Cases like Pitts. v Hunt (1 991) suggest that the Courts Will present Volenti from being used against passenger As a Result. (a) the way he drives below what would be expected of a driver who has the ability and availability. Be careful, and (b) it is clear that it has the power and the driver aware that driving in that way would be dangerous. The fact that such cases Pitts v Hunt (1991) pointed out that the court will be presented. volenti from being applied to passengers as a result.
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