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nettleship v weston

Posted on December 19th, 2020

Court took different fields of law into consideration while concluding the matter of Nettleship and Weston. Mrs Wetson wanted to learn to drive and her husband was quite ready for her to learn in his car. Facts: A friend took a learner driver out on a practice drive. The case of Nettleship v. Weston is mainly concerned with the concept of duty of care which is an essential of tort of negligence. Nettleship v Weston [1971] 2 QB 691 is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. Mrs Weston took up a provisional driving licence. D was having a driving lesson, instructed by C. She crashed into a lamp post and C suffered a broken knee cap. According to the insurance policy, it was covering the damages of a passenger in the event of an accident. The COA held that the D conduct fell below the required standard of care, which was the same objective standard owed by every driver. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The judgement was issued from the English Court of Appeal in regards to the breach of duty in negligence claims. D was having a driving lesson, instructed by C. She crashed into a lamp post and C suffered a broken knee cap. [1971] the accepted standard of care were to be varied according to one person's knowledge of another's skill or condition (post, A pp. Nettleship v Weston [1971] 2 QB 691. Under the civil law, the defendant was rightly liable for the damage to the lamp-post. VAT Registration No: 842417633. The friend checked that the defendant's insurance covered her for passengers before agreeing to go out with her. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. The issues that arose in the case with respect of damages were; should the defendant be held to the same standard as any other driver, had the claimant accepted the risk of being injured and was the defendant solely responsible considering the fact that she was not in complete control of the vehicle.9, There were three distinct conclusions that formed the outcome of this case: Firstly, that the defence of volenti non fit injura10 was not applicable; Secondly, that the duty of care owed by a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver; and, Finally that both the learner and the instructor were jointly responsible for the accident and therefore a reduction of damages of 50% for contributory negligence was appropriate. Hence, he should have expected a high risk and not have demanded such a level of care. Simply put, the case is between a married woman, Mrs. Wetson (defendant) and her friend, Mr. Nettleship(plaintiff/claimant). D’s insurers argued unsuccessfully that C had driven as well as could be expected for a novice driver and had therefore met the standard of care. Per Salmon LJ. Mr. Weston then took action to engage the handbrake, thus causing an accident. The issue was whether or not the earner should be judged to same standard as a normal driver. She was taking lessons from a friend who checked that the Defendant’s insurance covered for her to be a passenger in the car. MR: Policy & the responsibility of a learner-driver Mrs W is clearly liable In the civil law if a driver goes off the road on to the pavement and injures a … All Rights Reserved. Nettleship v Weston [1971] 2 QB 691 is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. Mrs Weston wanted to learn to drive. Mr. Nettleship was the plaintiff (instructor) and Mrs. Weston the defendant (learner driver) in this case which dates back to 1971. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. Nettleship v Weston [1971] 2 QB 691 is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. The instructor tried to claim against the driver in negligence, but the question was what the ‘standard of care’ was that the learner driver had to breach – do we expect learner drivers to be as careful as experienced ones? Consequently, the defendant stuck the nearside lamp and caused serious injuries to Nettleship. *You can also browse our support articles here >. Mr Nettleship was not in the capability to steer the wheel at a bent. 16th Jul 2019 The law states that every person driving a car must have an objective standard measured by the standard of a skilled, experienced and careful driver. Law of Tort - Seminar 1 Cases Nettleship v Weston Facts: Mrs Weston learner driver, Mr Nettleship instructor. Join our mailing list to receive the latest news and updates from our team. The decision in this case along with the subsequent statutory provision of s148 of the Road Traffic Act 1972 led to the conclusion in Pitts v Hunt22 that the defence of volenti is no longer available in road traffic cases.23 Indeed, the decision in this case endorsed not only the notion that the new defence of contributory negligence24 was the most appropriate in such cases but also the perceived fairness of the ‘apportionment principle’25 in general. Checked that the defendant was rightly liable for the clutch and foot brake and accelerator Venture,. 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