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.

Nettleship v Weston (1971) | A-Level Law | Key Case Summaries | Tort

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