Nettleship v Weston [1971] EWCA Civ 6 (30 June 1971)

Nettleship v Weston [1971] EWCA Civ 6 (30 June 1971)

A learner driver owes the same standard of care as an experienced driver to all passengers, including an instructor, regardless of the passenger's knowledge of the driver's inexperience. The defence of volenti non fit injuria does not apply unless there is an express or implied agreement to waive claims for negligence, which was not present here. Both the learner and the instructor were equally to blame, so damages are apportioned equally due to contributory negligence.

Citation
[1971] EWCA Civ 6
Parties
Plaintiff Appellant: Eric Nettleship; Defendant Respondent: Lavinia Weston
Jurisdiction
England and Wales
Judgment Date
30 June 1971
Procedural Posture
Civil Appeal / Appeal From Judgment of Mr. Justice Thesiger
Outcome
Appeal allowed
Legal Topics
Negligence, Duty of Care, Contributory Negligence, Volenti Non Fit Injuria, Standard of Care, Motor Vehicle Accidents
Tort Law Negligence Duty of Care Contributory Negligence Volenti Non Fit Injuria Standard of Care Motor Vehicle Accidents

Case Brief

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Parties

Eric Nettleship

Plaintiff Appellant

Lavinia Weston

Defendant Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Mr. Justice Thesiger

Legal Issues

  1. 1 Whether a learner driver owes the same standard of care as an experienced driver to an instructor/passenger
  2. 2 Whether knowledge of the driver's inexperience by the instructor/passenger lowers the standard of care owed
  3. 3 Whether the defence of volenti non fit injuria applies to an instructor who voluntarily teaches a learner driver

Ratio Decidendi

A learner driver owes the same standard of care as an experienced driver to all passengers, including an instructor, regardless of the passenger's knowledge of the driver's inexperience. The defence of volenti non fit injuria does not apply unless there is an express or implied agreement to waive claims for negligence, which was not present here. Both the learner and the instructor were equally to blame, so damages are apportioned equally due to contributory negligence.

Court Disposition

Appeal allowed

Orders

  • Judgment for the plaintiff for £510.26 (half the agreed damages)
  • Costs awarded to the plaintiff in the Court of Appeal and the court below