Last visited:
Nettleship v weston (1971)
Created by 121.1.18.237 on 3 November 2009, at 10:40
legal social network



From Law wiki, the wiki for law research

Jump to: navigation, search
Nettleship v Weston
180px
Court Court of Appeal
Date decided 30 June 1971
Citation(s) [1971] 2 QB 691, [1971] 3 WLR 370, [1971] 3 All ER 581, [1971] RTR 425
Case opinions
Lord denningMR, Salmon LJ and Megaw LJ
Keywords
Negligence, standard of care, road traffic


[1971] 2 QB 691 (CA). An action in negligence against a learner driver succeeded on the grounds that, when determining whether there has been a Breach of the duty of care, the standard of care is assessed objectively. A learner driver, said the court, must be held to the same standard of driving as his instructor. The courts have not always been so dogmatic about the standard of care to be expected of a defendant, and the Nettleship principle has been rejected in other common-law jurisdictions. It is possible that a different decision would have been reached, if it were not for the fact that the claimant's damages would have been met by the driver's insurers.
Ukflag.png

Contributors

Chief Lawiki, Moha

This page was last modified on 23 December 2011, at 07:11.This page has been accessed 2,959 times.