Tremain v Pike [1969] 1 WLR 1556

Defendant was employed by Plaintiff on Plaintiff’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 Defendant contracting the disease meant:

1. That Plaintiff was not in breach of his duty of care to take reasonable steps to prevent Defendant contracting the disease, and

2. Even if he was in breach, it was not reasonably foreseeable that Defendant would be harmed

   • (i.e. even if Defendant did nothing to protect Plaintiff from harm, he would still not be liable because it was not reasonably foreseeable that, even in breach, Defendant would catch the disease).