Nettleship v Weston

Question 1

when was this case

Answer 1

1971

Question 2

this case has mixed judicial considerations, what does this mean

Answer 2

mixed or mildly negative judicial treatment indicates that at least one point of law has been overruled or reversed.

Question 3

ratio

Answer 3

a learner driver has a duty of care to any passengers and others using the road

Question 4

facts of the case

Answer 4

N gave W driving lessons after having first satisfied himself that the car was insured to cover injury to passengers. W was a careful learner, but on the third lesson she failed to straighten out after turning left, and struck a lamp standard breaking N’s kneecap. W was convicted of driving without due care and attention.

Question 5

reason for convicting Weston

Answer 5

(1) since N had checked on the insurance position, he had expressly not consented to run the risk and there was no question of volenti non fit injuria; (2) the duty of care owed by a learner driver was the same as that owed by every driver, and W was liable in damages

Question 6

which court

Answer 6

court of appeal;

Question 7

how many judges

Answer 7

3

Lord Denning M.R. , Salmon and Megaw L.JJ