“Learner drivers must meet same standard as experienced drivers”
Mr Nettleship, a driving instructor, was teaching Mrs Weston to drive when she panicked, failed to straighten the wheel, and crashed into a lamp post. Nettleship was injured and sued for negligence. Mrs Weston argued she should be judged by the standard of a learner driver.
Whether a learner driver should be judged by the standard of care of a reasonable experienced driver or by the standard of a reasonable learner driver.
The Court of Appeal held that learner drivers are subject to the same objective standard of care as experienced drivers. Mrs Weston was liable in negligence.
This case firmly established the objective standard of care in negligence, preventing defendants from arguing for lower standards based on their inexperience or personal characteristics.
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OSCOLA Citation
Nettleship v Weston [1971] 2 QB 691 (CA)
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