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P’s car was hit by that of D who was driving carelessly. 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. 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 Start studying Negligence cases. The case was about a steel galvanizer who suffered burn as a result of inadequate protection. P’s widow sued. The metal burned him on his lip, which happened to be premalignant tissue. In Smith v Leech Brain & Co it was found that a burn to Smith’s lip occurred in the course of his work; where he is required to lift articles in to a tank of molten metal with the aid of a crane. Cards: 30 Attempts: 0 Last updated: Feb 2, 2016. IHL Test. 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. Smith v Scott & Ors [1973] 1 Ch 314. In the first instance, decision Lord Parker CJ considered whether he was permitted by the Privy Council decision in the Wagon Mound to depart from the directness rule in Re Polemis. D. Collins v Wilcock. The reasoning in The Wagon Mound did not affect the rule that a tortfeasor takes his victim as he finds him. 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 Whitehouse v Jordan [1981] 1 All ER 267, HL. Start studying Causation. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Smith v Littlewoods Organisations Ltd [1987] AC 241. Smith v Leech Brain and Co Ltd [1962] 2 QB 405. An exception that still applies is the talem qualem rule, (or "eggshell skull rule"), which means "you take your victim as you find him"; but this applies ONLY to personal injury, as in Smith v Leech Brain. This instance is depicted in Smith v Leech Brain & Co 1962. Action The plaintiff, Mary Emma Smith, as administratrix of the estate of her deceased husband, William John Smith, claimed, in an action commenced by writ dated 11 March 1955, damages from the defendants, Leech Brain & Co Ltd under the Fatal Accidents Acts, 1846 to 1908 a, and the Law Reform (Miscellaneous Provisions) Act, 1934.The plaintiff's husband was a labourer and galvanizer employed … Sutherland Shire Council v Heyman (1985) 60 ALR 1, Aust HC. Smith v Leech Brain [1962] 2 QB 405 . He died three years later from cancer triggered by the injury. 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 Knightley V Johns ... Eggshell Skull. HEARSE1 SMITH v. LEECH BRAIN & CO. LTD. & ANOR2. As a result Morts continued to work, taking caution not to ignite the oil. Fitzgerald V Lane &Patel. Smith v East Elloe Rural District Council [1956] Smith v Eric S Bush [1989] Smith v Eric S Bush [1990] Smith v Hughes [1871] Smith v Land & House Property Corp [1884] Smith v Leech, Brain & Co [1962] Smith v Littlewoods Organisation Ltd [1987] Smith v Ministry of Defence [2013] Smith v Reliance Water Controls [2003] Smith v Scott [1973] Corporation v Esso Petroleum [ 1954 ] 3 All ER 1159 Coal Board 1972! From which he died three smith v leech brain & co ltd later from cancer triggered by the Oxbridge in-house. 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