Study Notes

Key Case | The Wagon Mound (1961) | Negligence - Damage - Remoteness

Level:
A-Level, BTEC National
Board:
AQA, Edexcel, OCR, IB, Eduqas, WJEC

Last updated 5 Oct 2020

This case established that, within the principles of remoteness of damage, damage will only be compensable where that damage could have been reasonably foreseen by the reasonable man.

CASE SUMMARY

Claimant: Wharf owner

Defendant: Ship owner

Facts: The defendants ship, the Wagon Mound was re-fuelling another ship and negligently spilt oil into the water, no effort was made to clear up the oil and it quickly spread to the claimant’s wharf. Welding was taking place on the wharf and sparks caused debris underneath the wharf to ignite which then caused the oil to ignite, causing significant damage by largely destroying the wharf and the equipment on it.

Outcome: Not liable

Legal principle: it is not just that a defendant is liable for all the outcomes of their negligent behaviour, just because they have resulted from the behaviour. Damage will only be compensable where that damage could have been reasonably foreseen by the reasonable man.

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