Nettleship v Weston [1971] 2 QB 691

Court of Appeal 

Facts: C agreed to give D driving lessons, knowing she was a learner. D lost control of the car and injured C. C sued D for negligence. 

Issue: Can the “reasonable person” standard be altered to accommodate a lower degree of skill, such as that of a learner driver? 

Held : D was liable in negligence

• Lord Denning MR :The standard of care required of a driver is that of a reasonably competent driver, regardless of the driver's experience level. A learner driver owes the same duty of care to passengers and other road users as an experienced driver. Knowledge of the driver’s lack of skill does not absolve the driver from this duty, nor does it reduce the standard of care owed. Instructors may waive their right to a claim or be found contributorily negligent in special circumstances. 

• Salmon LJ : The standard of care should account for the driver’s known lack of skill, especially when the passenger is aware of it. However, the learner driver still owes a duty of care, though the expectations may differ based on the relationship.