Broader same kind of damage tremane v pyke narrow p

Info icon This preview shows pages 37–39. Sign up to view the full content.

View Full Document Right Arrow Icon
(broader) Same Kind of Damage Tremane v Pyke (NARROW): P employee of D worked on D’s farm. While working there contracted rare disease carried by rats. Sued D for negligence for failing to keep rat population in control. Court in this case held D not liable for disease suffered by P because the particular disease contracted was very rare and therefore not reasonably foreseeable. Said that other kinds of injuries caused by rats were reasonably foreseeable. However very diff type of injury from that suffered by P so court refused to regard the injury was foreseeable. Doughty v Turner 1964 Queen’s Bench: (NARROW) P injured at work when asbestos cover covered in him. Cover reacted with chemicals in a cauldron causing an eruption. P seriously injured. P Argued was foreseeable that could be injured by splashing, Court of Appeal rejected that argument; even if there was breacy of duty remoteness not satisfied. Kind of injury suffered was diff kind of injury than one by splashing. Nadar 10 year old boy fell from bus suffering minor physical injury. Later developed rare psychological condition. Sued D; bus services for physical injury and psychological injury. D said psychological condition fault of parents not accident. Held: Applied thin skull principle (below). This should not be confined to physical characteristics. Take P as you find them, including in familial setting. Only that original minor injury is foreseeable; does not matter if family situation exacerbates injury in an unforeseeable way. THIN SKULL RULE “ Take the Plaintiff as you find them” While the kind of harm suffered must be reasonably foreseeable, it is not necessary that the extent or amount of the harm was foreseeable. (Hughes v Lord Advocate, Mt Isa Mines v Pusey). So even if a plaintiff is particularly vulnerable D will be liable for all of the harm caused- but the vulnerability of P may show no duty in the first place. TWO SITUATIONS IN WHICH THIS OCCURS:
Image of page 37

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
1. Pre-existing Susceptibility If P has a pre existing susceptibility it will not affect ther remotes as long as the harm was reasonably foreseeable. ( Smith v Leech Brain Co.: The P was burned on the lip after having metal splashed on him. He then developed cancer in area as a result. Tissue in area was pre-malignant cancerous condition. Held that the injury from the metal was reasonably foreseeable therefore D is liable for harm following on from that even if P is particularly susceptible. Provided the kind of injury is foreseeable, does not matter if P’s personal circumstances extended consequences. 2. Where D’s negligence creates susceptibility If D’s act makes P susceptible to further injury, and the plaintiff suffers injury as a result, D may be liable even if that later harm was not foreseeable at the time of original injury.
Image of page 38
Image of page 39
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern