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MACARTHYS v SMITH 2. The principle of equal pay enshrined in Article 119 applies to the case where it is established that, having regard to the nature of her services, a woman has received less pay than a man who was employed prior to the woman's period of employment and who did equal work for the employer.
Key points. Leading case on the distinction between primary and secondary victims. For primary victims, it is sufficient that the risk of physical injury is reasonably foreseeable even if no physical injury occurred. Laid down the ‘egg-shell personality rule’.
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1. [1992] 3 All ER 504. 2. For example, in Say v Smith (1530) 1 Plowden 269 Anthony Brown J said ‘Every contract sufficient to make a lease for years ought to have certainty in three limitations, viz, in the commencement of the term, in the continuance of it, and in the end of it’ (at 272). 3.
Legal Case Summary. Page v Smith [1996] AC 155. NEGLIGENCE – PSYCHIATRIC DAMAGE – FORESEEABILITY OF HARM – VICTIM WITH PRE-EXISTING CONDITION. Facts. The claimant (C) was involved in a collision with the defendant (D) whilst both were driving.
Facts. The plaintiff was employed by a railway company to drill holes in a rock, near a crane, operated by men employed by the railway company. The crane lifted stones and at times swung them over the plaintiff’s head without warning. The plaintiff was fully aware of the danger he was exposed to by working near the crane.
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