Goldman v Hargrave

Goldman v Hargrave 1 AC 645 is an Australian and English tort law case decided by the Privy Council concerning breach of duty.D Nolan and K Oliphant, Lunney & Oliphant's Tort Law: Text and Materials (7th edn 2023) ch 9, 487-8

Facts A 100 foot high red gum was hit by lightning and caught fire on Goldman's land in Gidgegannup, Western Australia, just past the Swan River outside Perth. The tree was cut down by the council and the proprietor let the remainder burn itself out. The wind changed and the fire spread, damaging much of Hargrave's property next door. UKPC 12

Judgment The Privy Council advised that the landowner was liable for negligence. Lord Wilberforce gave the opinion and said the following: UKPC 12

He then held the occupier, Goldman, had a duty to act, and said he failed ‘to act with reasonable prudence so as to remove the hazard.’

See also

English tort law

References