stop the taxi cab? What if the taxi cab is on a controlled highway?
What does the taxi driver do if the adult passenger refuses to
wear the seat belt? Does the taxi driver evict the adult passenger?
On a controlled highway? In the middle of the night? In a rural
 In my view, it would be difficult, dangerous and unmanageable for a taxi driver to properly and effectively carry out the
suggested duty of care.
VI. The duty of care suggested could impact the safe
use of alternate ways home for intoxicated persons
 If a taxi cab driver was required to make a “
vulnerability” assessment of every adult passenger before accepting the
fare, this might create a disincentive for taxi cab drivers to accept
a fare for any adult passenger who might be intoxicated or otherwise appear vulnerable.
 This might create a disincentive for taxi drivers to accept
fares for a passenger who might appear to be vulnerable. Such
a disincentive would not be in society’s interest.
 More specifically, it is not in society’s interest to discourage taxi drivers from accepting adult intoxicated passengers late
at night. Keeping intoxicated persons from driving vehicles is
a serious societal problem. Impediments to intoxicated adult
persons taking a taxi cab to their destination after drinking is not
in society’s interests.
VII. Duty in other jurisdictions
 While not determinative, it is of assistance to consider
whether such a duty of care on a taxi driver towards an intoxicated adult passenger has been recognized in other jurisdictions.
 As can be seen from above, the authorities in the United
Kingdom and United States have not recognized the duty of care
as alleged in this case and appear to be loath to extend any duty
of care on a driver (including taxi drivers) to ensure that adult
passengers are told to buckle their seat belts, are buckled and
 As for Australia, when such a duty of care was found by
judicial authority, legislation was passed to ensure that voluntary
intoxication, by itself, does not create the duty of care suggested
in this case.
 In conclusion, there appears to me no foreign authorities
which support a societal interest to impose the suggested duty
of care on drivers towards adult passengers, even intoxicated