Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound No 1)
[1961] AC 388
판결 이유
The test for remoteness of damage in negligence is reasonable foreseeability, not directness. The defendant is only liable for damage of a kind that was reasonably foreseeable as a consequence of the negligent act.
사실관계
Oil was carelessly spilled from a ship in Sydney Harbour. The oil spread to the claimant's wharf where welding was being carried out. The oil ignited and caused extensive fire damage.
판결 요약
The Privy Council held the defendants were not liable. Fire damage from the oil spillage was not reasonably foreseeable because furnace oil on water was not known to be easily ignitable. This overruled the directness test in Re Polemis.
주요 인용문
"It is the foresight of the reasonable man which alone can determine responsibility."
— Viscount Simonds
후속 처리
Replaced the direct consequence test from Re Polemis with the foreseeability test for remoteness in negligence.