MLL213 Study Guide - Final Guide: Leptospirosis, Mental Disorder, Lord Advocate
24 May 2018
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8 Remoteness of Damages
GENERAL PRINCIPLES
D not liable for all causally-related injuries
Eta euieet: Ps ijuies ust ot e too eote:
No specific provision in Wrongs Act, but included as a factor in s 51(1)(b) – whether it is
appopiate to eted Ds liailit to the ijuies.
Focus is on the injuries sustained: was the type of Injury reasonably foreseeable?
- Cf reasonable foreseeability requirement at duty and breach stages
‘isk of iju ust e foeseeale as a eal isk; a ot fa-fethed o faiful isk. Wagon.
TEST FOR REMOTENESS
Ps injuries not too remote if
1. The specific injury was foreseeable, or
2. The injury is of a type or kind of injury that was foreseeable
Provided that kind of injury is foreseeable, it is irrelevant that:
1. The precise condition, or
2. The precise manner in which the harm occurred, or
3. The full extent or seriousness of the harm suffered
Was not foreseeable.
- Problem is lack of guidance of appropriate level of abstraction for determining the
kind of injury
Overseas Tankship (UK) Ltd v Morts Dock & Engineering (Wagon Mound No 1) (1961) AC 388
• D (OT) neg leaked oil into the water when it was park by the wharf of P. P inquired whether
the oil was flammable and was informed that it would be very difficult for it to catch alight. P
let employees do work and oil caught fire.
• Held that the fire was far too remote to be reasonably foreseeable for D. Therefore, not
liable.
Overseas Tankship (UK) Ltd v The Miller Steamship (Wagon Mound No 2) (1967) 1 AC 617
• Same as above but P is now the owner of the ship parked at the wharf affected. Ship suffered
fire damage.
• Held it as easoal foeseeale ad oulde stopped the oil fo dippig.
Tremain v Pike (1969) 1 WLR 1556
• Farm labourer contracted leptospirosis from handling materials on which rats had urinated.
• Held D not liable. It was not known at the time that Lep could be transmitted in this way.
Therefore the way in which the disease was contracted was not foreseeable.
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Document Summary
E(cid:454)t(cid:396)a (cid:396)e(cid:395)ui(cid:396)e(cid:373)e(cid:374)t: p(cid:859)s i(cid:374)ju(cid:396)ies (cid:373)ust (cid:374)ot (cid:271)e too (cid:396)e(cid:373)ote: P let employees do work and oil caught fire: held that the fire was far too remote to be reasonably foreseeable for d. therefore, not liable. Overseas tankship (uk) ltd v the miller steamship (wagon mound no 2) (1967) 1 ac 617. Same as above but p is now the owner of the ship parked at the wharf affected. Ship suffered fire damage: held it (cid:449)as (cid:396)easo(cid:374)a(cid:271)l(cid:455) fo(cid:396)eseea(cid:271)le a(cid:374)d (cid:272)ould(cid:859)(cid:448)e stopped the oil f(cid:396)o(cid:373) d(cid:396)ippi(cid:374)g. No specific provision in wrongs act, but included as a factor in s 51(1)(b) whether it is app(cid:396)op(cid:396)iate to e(cid:454)te(cid:374)d d(cid:859)s lia(cid:271)ilit(cid:455) to the i(cid:374)ju(cid:396)ies. Cf reasonable foreseeability requirement at duty and breach stages. Isk of i(cid:374)ju(cid:396)(cid:455) (cid:373)ust (cid:271)e fo(cid:396)eseea(cid:271)le as a (cid:858)(cid:396)eal(cid:859) (cid:396)isk; a (cid:374)ot (cid:858)fa(cid:396)-fet(cid:272)hed o(cid:396) fa(cid:374)(cid:272)iful(cid:859) (cid:396)isk. P(cid:859)s injuries not too remote if: the specific injury was foreseeable, or, the injury is of a type or kind of injury that was foreseeable.
