Page v Smith [1995] UKHL 7 >[1996] 1 AC 155. Facts. One relevant area within remoteness is the eggshell skull principle. Therefore, if he has some kind of weakness, you have to accept this. Contract and tort. Psychological effect of car crash worsened C’s Myalgic Encephalomyelitis (ME) to the point of permanent disablement. -Vacwell Engineering v BDH Chemicals i) Even if the extent of the injury is aggravated by C's pre-disposition ('TAKE VICTIM AS YOU FIND THEM'):-Thin Skull Rule (Smith v Leech (on my lip) Brain, Corr v IBC)-Egg Shell Rule (Page v Smith)-Thin Wallet Rule (Lagden v O'Connor) B) NO NEED TO FORESEE EXACT WAY LOSS CAUSED. The document also included supporting commentary from author Craig Purshouse. Areas of applicable law: Tort law – Negligence liability in psychiatric harm.. Main arguments in this case: Who is a primary victim and who is a secondary victim in a case of negligence?Foreseeability in psychiatric harm. Page v Smith [1996] AC 155 was one of a series of landmark decisions of the House of Lords that concerned the extent of negligence liability under English law for the causing of psychiatric harm. * Respectively Professor of Public Law, University of Nottingham, and Fellow and Tutor in Law, Worcester College, University of Oxford. 155) where the plaintiff is a "secondary victim"; nor is foreseeability of damage to property sufficient to give rise to a duty if there are other considerations which, in the circumstances, make it unfair, unjust and unreasonable to impose such a duty: Marc Rich & Co. AG v. Page v Smith (No 2) ... REMOTENESS (CAUSATION OF LAW) As well as proving that the defendant’s breach of duty factually caused the damage suffered by the claimant, the claimant must prove that the damage was not too remote from the defendant’s breach. The Facts of Page v. Smith On 24 July 1987, the claimant in Page v. Smith, Ronald Edgar Page, was driving up a steep hill towards the school where he was a teacher. Page v Smith is a leading and authoritative case in tort law where negligence is involved resulting in psychiatric harm to the victim. A similar test was used in Page v Smith (No 2). remoteness of damage and that only applies where the claimant has actually suffered damage that is in principle actionable;6 it does not apply so as to justify initial liability.7 Point 5 concerning Page v Smith needs rewording to make it clear that the Page v Smith principle can only come into play where it … Page, was involved in a moderate-impact accident. Mr Page was driving along when Mr Smith negligently collided with him. II. Why Page v Smith is important. Page was controversial when it was decided and hard to analyse, and has caused a range of difficulties in subsequent litigation. Exposed to the danger. This case document summarizes the facts and decision in Page v Smith [1996] 1 AC 155. Basically, this is the same as in criminal law, in that you must take the claimant as you find him. In Page v Smith, the House of Lords held there was no difference between physical and psychiatric harm for the purposes of the duty of care in the tort of negligence.. Facts. Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, Lord Goff, 185, ‘the rules as to remoteness of damage… are less restricted in tort than they are in contract’. Neither Mr Page or any of his passengers suffered any bodily injuries. Smith V Leech Brain(1962) The claimant burnt his lip due to the defendant’s negligence. Similarly, they confirmed the principle that a defendant takes his victim as he finds him applies also to psychiatric harm. The claimant, Mr. Page (Appellant) v. Smith (Respondent) ... "Howsoever that may be, whether the exemption for shock bebased on want of duty or on remoteness, there can be no doubt sinceBourhill v. 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