The disease was very rare while some types of injury

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The disease was very rare. While some types of injury resulting from rats where RF this particular type was not RF. They said that this disease was an entirely different type of injury normally caused by rats. Doughty v Turner [1964] 1 QB 518 (CB 364) – Tension with Hughes . 28
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Facts : P was injured at work when an asbestos cover fell into a hot cauldron of liquid. The asbestos cover reacted to cause an eruption which burned the P. This never happened before and it was not known that the asbestos cover would react the same way. P argued that it was RF that if the cover fell into liquid the liquid would splash and he would be injured because the liquid was corrosive. He argued that the type of injury was a kind of splashing related injury. The court of appeal held the injury was not RF because it was unknown that such an explosion could occur. Reconciling the cases Possibility of unstated policy considerations – although does not help with The general, but not exact, manner in which the injury occurred must be foreseeable: Nader , per McHugh JA - Nader v Urban Transit Authority of NSW (1985) 2 NSWLR 501 (CB 368 and 377). Exam Property damage by fire is one kind of damage Property damage by fouling of oil is a different kind of damage Personal injury by fire is a relevant type of damage Metal illness of any form is one kind of damage (d) The ‘Thin Skull Rule’ – Extent of Harm Need Not be Reasonably Foreseeable The “thin skull” rule If the defendant negligently injures the plaintiff, the defendant cannot complain that the plaintiff suffered more harm than a normal person would because the plaintiff had some special susceptibility to injury When does the “thin skull” rule apply? 1. When the plaintiff suffers from a pre - existing susceptibility to injury or; 2. When the defendant’s negligence creates an abnormal sensitivity to further injury Case 1 - When the plaintiff suffers from a pre - existing susceptibility to injury Smith v Leech Brain & Co Ltd [1962] 2 QB 405 (referred CB 368) Facts: P’s husband during the course of employment suffers a burn to his lip and develops cancer at the site of the burn. P dies. P’s widow sues the employer. 29
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Trial judge found a breach had occurred which caused the burn. The risk was foreseeable and remoteness was therefore made out for the burn. However the site where the P suffered the burn was pre-malignant and therefore cancer was contracted. Damages where awarded for the burn but not the cancer and resultant death. P appealed and succeeded. Held that torfeasors have to take P as they find them. Only kind of injury needs was the burn. Ir does not matter that P’s susceptibility was higher. The court said that it was all one type of injury and it was RF.
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