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[1959] AC 743 (HL). The claimant was injured while handling molten metal in the course of his employment. He had been provided with protective clothing but, he contended, this was not sufficient: his employers should have required him to wear it. His action in Negligence succeeded at first instance and in the CourtOfAppeal, on the basis that there were certain legal authorities binding on the them. The HouseOfLords rejected this argument and reversed the decision. According to the House, the question whether a defendant is in breach of his duty of care (see breach of the duty of care) is not a matter of law, it is a matter of fact. Consequently, pronouncements of judges on these issues are not binding on any other judge, who should decide the matter on the basis of common sense.