Goldman v Hargrave [1967]

Facts

• Lightning set fire the defendant’s tree
• Although the defendant had the means to put the fire out, he chose to let it burn out
• The fire spread to a neighbours adjoining property, causing damage

Issue

• Was the defendant liable for not acting and allowing the fire spreading; could a duty be owed to an adjoining neighbour

Decision

• Liability allowed

Reasoning

• 3 conditions were set for adjoining neighbour cases. The defendant satisfied them all

1. The defendant must have knowledge of the danger
2. The damage must have been a foreseeable consequence
3. The defendant must have had the ability to abate the foreseeable consequence occurring