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... a driver whom the passenger knows to be likely, through drink or drugs, to drive unsafely."2 However since this case, a statutory duty of care has been created by the Road Traffic Act 1988, by virtue of s 149, which bars any possible waiver of liability towards a passenger. However Julia only suffers minor injuries in the accident itself, so she may not wish to sue Bob, due to the cost of litigation. It could be said that Stan, the landlord of the pub, could have easily acted to prevent Bob and Julia driving home that night - Does Stan owe them both a duty of care? English law does not, with exceptions, typically impose a duty on persons to act to prevent harm to a third party. An exception to this rule was found in Home Office v Dorset Yacht Co [1970] 2 All ER 294, where it was found ...