Previous: McGhee v National Coal Board [1972] 3 All ER 1008. Novus Actus - Third Parties . Morts owned and operated a dock in Sydney Harbour. Smith – v – Leech – Brain – Co. Cette station de radio est située dans le quartier « Dukes » de Liberty City. The case was about a steel galvanizer who suffered burn as a result of inadequate protection. The reasoning in The Wagon Mound did not affect the rule that a tortfeasor takes his victim as he finds him. ryan leech 92. samuel leech 93. smith v. leech brain & co 94. smith v leech brain & co 95. smith v leech brain & co ltd 96. the leech 97. the leech woman 98. the phlorescent leech & eddie 99. tony leech 100. turtle leech P’s car was hit by that of D who was driving carelessly. It marked the establishment of the eggshell skull rule, the idea that an individual is held responsible for the full consequences of his negligence, regardless of extra, or special damage caused to others. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. HEARSE1 SMITH v. LEECH BRAIN & CO. LTD. & ANOR2. The question is whether these employers could reasonably foresee the type of injury … Smith V Leech Brain. C. Gough v Torne. Whitehouse v Jordan [1981] 1 All ER 267, HL. Eventually the oil did ignite when a piece of molten metal fell into the water … In Smith v Leech Brain & Co Ltd, Lord Parker CJ concluded that a defendant is liable in full for the damage irrespective whether the extent of the damage was reasonably foreseeable. Lord Parker CJ said: ‘The test is not whether these employers could reasonably have foreseen that a burn would cause cancer and that [the victim] would die. Smith v Leech Brain and Co Ltd [1962] 2 QB 405. 240 Smith v Leech Brain. Learn vocabulary, terms, and more with flashcards, games, and other study tools. >The extent of harm need not be foreseeable as long as the kind of harm is R.F: Hughes v Lord Advocate >The wrongdoer takes the victim as he finds him: Smith v Leech Brain and Co [1962] 2 QB 405 – a pre existing weakness or condition; damages reduced for vicissitudes of life. D was v susceptible to cancer because of previous employment and might have got cancer anyway. Smith v Leech Brain & Co Ltd. and Another [1961] 3 All ER 1159. Sutherland Shire Council v Heyman (1985) 60 ALR 1, Aust HC. For the latter, the law was drasticallv revised bv the Morts Dock Case3 in 1960. Leading Case: Smith v. Leech Brain & Co Ltd [1962] 2 QB 405 Once it is foreseeable that a defendant is liable for the type of the physical damage, then they are liable for the full extent of the damage, even though the extent may have been unforeseeable Page v Smith [1996] AC 155 Case summary last updated at 19/01/2020 10:57 by the Oxbridge Notes in-house law team. P’s widow sued. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Smith v. Leech Brain – the claimant burnt his lip due to the defendant’s negligence. Thus, in the English case of Smith v. Leech Brain & Co (1962) 2 QB 405, an employee in a factory was splashed with a molten metal. Nevertheless, the courts can award damages based on foreseeability where public policy requires it, e.g. Morts asked the manager of the dock that the Wagon Moundhad been berthed at if the oil could catch fire on the water, and was informed that it could not. This instance is depicted in Smith v Leech Brain & Co 1962. Smith v Leech Brain & Co Ltd [1962] 2 QB 405. Knightley V Johns ... Eggshell Skull. If there is a break in the chain of causation (novus actus interveniens) then the liability lapses - as you did not ultimately cause the result. D. Collins v Wilcock. Start studying Causation. Judgement for the case Page v Smith. The vexed question of how far one is responsible for remote consequences of one's acts raises problems for the sociologist, the moralist and the lawyer. Judgement for the case Smith v Leech Brain. In the former case Smith was burnt on the lip in … A large quantity of oil was spilled into the harbour. While departing from the case of R (Smith) v Oxfordshire Assistant Deputy Coroner [2010] UKSC 29, the Court relied on two main elements that can be extracted from the Al-Skeini judgment. Lord Parker CJ felt that this principle was consistent with the Privy Council’s decision in Wagon Mound. Il s’agit en 3 minutes de trouver le plus grand nombre de mots possibles de trois lettres et plus aalex une grille de 16 lettres. smith v baker & sons [1891] ac 325; 55 jp 660; 60 ljqb 683; 40 wr 392; [1891-4] all er rep 69; 65 lt 467; 7 tlr 679. negligence, employer’s liability, defence against negligence claims, volenti non fit injuria, acceptance of risk, effect of knowledge of employee, accident at work facts Thus, based on the above demonstrations, the employer is liable for Jon’s breached the duty of care. The principle that requires a tortfeasor to take his victim as he finds him and to compensate him to the full extent of his injuries even though they may be more serious than expected because of the plaintiff’s pre-existing conditions, predispositions, and vulnerabilities. He had a pre-cancerous condition which then turned cancerous. Cards: 30 Attempts: 0 Last updated: Feb 2, 2016. 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