Nettleship v Weston [1971] 2 QB 691 is an English Court of Appeal judgment dealing with the breach of duty in negligence claims.

Mr. Nettleship, the plaintiff (claimant), agreed to teach Mrs Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy.

The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist.

[1] The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of her inexperience would result in complicated shifting standards.

[1] Over the dissent of Salmon LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to contributory negligence.