(NOT SO) LUDICROUS LITIGATION: NETTLESHIP V WESTON

Welcome to (not so) Ludicrous Litigation, in which we cover infamous legal cases and explain the rationale behind them! This month, we bring you Nettleship v Weston, a case involving a driving instructor who sued their student.

The claimant (instructor) had already obtained assurance that the defendant had purchased the necessary insurance in the event of an accident. During the third lesson, the defendant was executing a simple turning maneuver when she panicked, losing control of the car. This caused the car to crash into a lamppost. The instructor was injured in the process and subsequently sued.

The crux of this case is a concept fundamental in all areas of tort law — the duty of care. A duty of care is, simply put, the obligation that a person has to act responsibly if they can reasonably foresee that their actions might affect someone else. (If the defendant owes no duty of care to the claimant, then they cannot be held accountable for any injury or expense which may arise, even if their carelessness is obvious.)

Duty of care is very important in situations that involve driving, as it is automatically assumed to exist between all road users. 3 issues arose within this case with respect to damages: should the defendant be held to the same standard of care as any ordinary driver; had the claimant accepted a risk of injury by agreeing to teach driving; and lastly, was the defendant solely responsible considering the fact that she was not totally in control of the vehicle?

In this case, it was held by the courts that a learner driver is expected to conduct themselves as any road user of reasonable competence would. Even if they are technically less experienced time-wise, as long as they are qualified they will be held to the same standard in a court of law. While this law may not bode well for new drivers, some of whom may be young and anxious about being on the road for the first time, it is certainly a necessary measure to ensure safety in the public sphere.