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Remoteness of Damage in Negligence: A Rotten Structure Collapses

Published online by Cambridge University Press:  01 March 1999

Janet O'Sullivan
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Extract

In The Wagon Mound (No. 1) [1961] A.C. 388, Viscount Simmonds expressed the hope that, by replacing directness (and its attendant “insoluble” problem, the search for breaks in the chain of causation) with reasonable foreseeability as the test for remoteness of damage in negligence, “the law will be simplified and . . . palpable injustice will be avoided”. Lawyers have long recognised that the first of these aspirations has failed dismally. Regrettably, the Court of Appeal decision in Jolley v. Sutton London Borough Council [1998] 1 W.L.R. 1546 provides a stark example of failure on both counts.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 58 , Issue 1 , March 1999 , pp. 12 - 15
Copyright
Copyright © The Cambridge Law Journal and Contributors, 1999

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