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Nettleship v Weston 1971 (CA) - Negligence case (inexperience)

Court Decision

Salmon LJ also stated in this case:

"I also agree that a learner-driver is responsible and owes a duty in civil laws towards persons on or near the highway to drive with the same degree of skill and care as that of the reasonably competent and experienced driver."

The Court of Appeal in this case is saying that the law must set a standard for the benefit of all, below which everyone engaging in risk-creating behaviour may not fall.

Thus a junior or student health care practitioner would be held to that minimum level of competence necessary for the safety and proper treatment of a patient, regardless of the actual level of competence or experience.

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