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Tremain v Pike

[1969] 1 WLR 1556

Case summary last updated at 15/01/2020 19:39 by the Oxbridge Notes in-house law team.

Judgement for the case Tremain v Pike

D was emplyed by P on P’s farm and contracted Weil’s disease. CA held that it was so rare for Weil’s disease to be caught by humans and knowledge of the disease was so low, that it was not reasonably foreseeable that disease could occur. The minimal foreseeable possibility of D contracting the disease meant (1) that P was not in breach of his duty of care to take reasonable steps to prevent D contracting the disease, and (2) even if he was in breach, it was not reasonably foreseeable that D would be harmed (i.e. even if D did nothing to protect P from harm, he would still not be liable because it was not reasonably foreseeable that, even in breach, D would catch the disease)

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