Tort Law

Negligence CasesNuisance cases

The Wagon Mound (No. 2) [1967] 1 AC 617

Key Point

• In nuisance, the injury must be reasonably foreseeable to be recoverable in damages (and not just in occupier cases).
• The difficulty and financial cost of preventative measures should be balanced against the magnitude of risk when assessing the standard of care under both negligence and nuisance (in occupier cases).

Facts

• Ds were charterers of the vessel, The Wagon Mound, which was moored at Mort's dock.
• Oil leaked from the Wagon Mound onto the water but D's employees failed to remove the spillage.
• When the oil caught fire, C’s vessels that were under repair at Mort's Dock were damaged.
• The trial judge had held that the damage was not reasonably foreseeable as the risk of the oil alighting on water was remote.