Nettleship v. Weston
Encyclopedia
Nettleship v Weston [1971] 2 QB 691 is an English Court of Appeal
judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care
that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver.
, agreed to teach Mrs Weston, the defendant
, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist.
, Salmon
LJ
and Megaw LJ
held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance.
Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to contributory negligence
.
Legislation
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care
Standard of care
In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care.The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually...
that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver.
Facts
Mr. Nettleship, the plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, agreed to teach Mrs Weston, the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist.
Judgment
The Court of Appeal, consisting of Lord Denning MRMaster of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, Salmon
Cyril Salmon, Baron Salmon
Cyril Barnet Salmon, Baron Salmon PC was a British judge.Invested to the Privy Council in 1964, Salmon was Lord Justice of Appeal from 1964 to 1972. On 10 January 1972, he was appointed Lord of Appeal in Ordinary and was created additionally a life peer with the title Baron Salmon, of Sandwich in...
LJ
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
and Megaw LJ
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance.
Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to contributory negligence
Contributory negligence
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered...
.
See also
- Duty of care in English lawDuty of care in English lawIn English tort law, an individual may be owed a duty of care by another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the duty-ower, to compensate the victim for any losses they incur...
- Breach of duty in English lawBreach of duty in English lawIn English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty...
- Wilsher v Essex Area Health Authority
Legislation
- Civil Evidence Act 1968 (c.64)
- Employers' Liability Act 1880
- Occupiers' Liability Act 1957Occupiers' Liability Act 1957The Occupiers' Liability Act 1957 is an Act of the Parliament of the United Kingdom that covers occupiers' liability. The result of the Third Report of the Law Reform Committee, the Act was introduced to Parliament as the Occupiers' Liability Bill and granted the Royal Assent on 6 June 1957,...
(c.31) s 2, s 2(4) - Road Traffic Act 1960
- Road Traffic Act 1930Road Traffic Act 1930The Road Traffic Act 1930 was an Act of the Parliament of the United Kingdom introduced by the then Minister of Transport Herbert Morrison following the 1929 election which resulted in a hung parliament in which the Labour party won the most seats for the first time and Ramsay MacDonald became...
(c.43) s 12 - Rules of the Supreme Court (Revision) 1965 (SI 1965 1776) para 7