Nettleship v Weston

Nettleship v Weston 2 QB 691, a decision of the Court of Appeal to the English tort law in the area of ​​negligence. The question to be decided was whether there was also the lack of experience of relevance to the reasonable man test.

Facts and courts

Facts

A learner driver forgot after steering into a curve the steering wheel back to the straight road align and drove against a street lamp. The driving instructor was injured. The learner has been insured against bodily injury to passengers. The driving instructor sued the learner to claim damages for his injuries.

Decision of the Court of Appeal

The Court of Appeal held by a majority that the action of the instructor should be granted. Lord Denning explained this with the fact that also applies to a learner, the same standard for the duty of care as all other road users and they owe this also the instructor over. Since she was insured, the risk of loss should fall to her. A dissenting opinion was of Salmon LJ.

  • Law ( England and Wales)
  • Case law (England and Wales)
Court of appeal (disambiguation) Cyril Salmon, Baron Salmon
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