Study Notes
Key Case | Nettleship v Weston (1971) | Negligence - Breach of Duty - Learner
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 23 Aug 2022
In this case it was held that when considering whether a professional has breached their duty of care ‘A man need not possess the highest expert skill; it is ……. sufficient if the exercises the ordinary skill of an ordinary competent man exercising that particular art.’
CASE SUMMARY
Claimant: Mr Nettleship – friend of the defendant
Defendant: Mrs Weston - a learner driver
Facts: Mr Nettleship agreed to teach Mrs Weston, a friend, how to drive. On her third lesson she hit a lamppost injuring him, he sought a claim in negligence against her.
Outcome: Liable
Legal principle: The court held that the standard of care expected of the reasonable man would not be lowered because the defendant was a learner, the civil law permits no such excuse. The defendant would still be compared to a reasonably competent driver, and accordingly she had breached her duty of care.