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[1962] 1 WLR 295 (HL). The claimant was the widow of a steel construction worker who had died after falling from a tower he was erecting for the defendant employer. The employer conceded that he was in breach of both common law and statutory duties to provide safety harnesses for employees working at height. However, there was compelling evidence that the deceased would not have worn a safety harness, even had he been provided one. Consequently, although the employer was in breach of aduty of care, the breach was not factually causative of the employee's death.