Facts
Oil carelessly spilled from a ship spread to a wharf in Sydney Harbour where welding was taking place. It caught fire and the wharf was badly damaged.
Issue
Is a liable for damage of an unforeseeable kind?
Held
No. Damage by fire was not reasonably foreseeable, so the defendants were not liable for it.
Principle
The test for is whether the kind of damage was reasonably foreseeable.
Why it matters
Replaced the Re Polemis direct consequences test.
Cited in these chapters
Topics
Cite this page
The Wagon Mound (No 1) [1961] AC 388 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/wagon-mound-no-1> accessed 31 October 2026
The accessed date is today's date. Check your course or publisher's style guide.
This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.