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.