Torts pp 89-94 | Cite as

Remoteness of Damage

  • Alastair Mullis
  • Ken Oliphant
Chapter
Part of the Macmillan Professional Masters book series

Abstract

In order to recover damages in respect of injury caused by another’s negligence, you must establish that injury of that type was a foreseeable consequence of the negligence. This rule — laid down by the Privy Council in the case Overseas Tankship (UK) Ltd v. Morts Dock & Engineering Co Ltd, The Wagon Mound [1961] AC 388, and subsequently accepted as correct in terms of English law — is one of a number of mechanisms by which the law limits liability for the consequences of one’s negligence; most notable amongst the others are the principles concerning selection from amongst causally relevant factors and those concerning the existence and scope of the duty of care.

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Copyright information

© Alastair Mullis and Ken Oliphant 1993

Authors and Affiliations

  • Alastair Mullis
    • 1
  • Ken Oliphant
    • 1
  1. 1.King’s CollegeUniversity of LondonUK

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