H��UMo�8��W�V��Y��h��n� ��X(�����][B���%R��:�E�H�p����H *��4a��-�Lq \4����r��E�������)R�d�%g����[�i�I��qE���H�%��_D�lC�S�D�K4�,3$[%�����8���&'�w�gA{. 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. Overseas Tankship Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound, is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Though the first authority for the view if advocating the directness test is the case of Smith v. It is submitted that the Wagon Mound No.1 ruling effectively curtailed the practical range of liability that had previously been established in Re Polemis and that Wagon Mound essentially overruled Re Polemis. 1) [1961]. startxref The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. The crew had carelessly allowed furnace oil … CO.,‘ and it is possible that lower courts will feel free to do the same.5 THE WAGON MOUND The Wagon Mound (as the decision will be called for short) Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. WAGON MOUND II- RE POLEMIS REVIVED; NUISANCE REVISED H. J. Glasbeek* Ordinarily the term spectacular is an uncalled-for de- scription of a judicial decision, but the opinion rendered by the Privy Council in Overseas Tankship (U.K.) Ltd. v. The Miller Steamship Co. Pty and Another' certainly deserves this epithet. It is inevitable that first consideration should be given to the case of In re Polemis & Furness Withy & Company Ltd. [1921] 3 K.B. Owners of … The defendants are the owners of the vessel Wagon Mound, which was moored 600 feet from a wharf. This was rejected expressly in the case by the court of appeal in Re Polemis and Furness, Withy and Co. Ltd. in favor of the test of directness. 0000004069 00000 n 143 0 obj<>stream %%EOF Can a defendant be held liable for outcome of events entirely caused by their (or their agentsâ) actions, but which could not have been foreseen by either the party in question or any other reasonable party. 0000001712 00000 n Re Polemis has yet to be overruled by an English court and is still technically "good law". As it fell, the wood knocked against something else, which created a spark which served to ignite the surrounding petrol fumes, ultimately resulting in the substantial destruction of the ship. 0000005153 00000 n i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. Harwood Ch. 0000001985 00000 n A claimant must prove that the damage was not only caused by the defendant but that it was not too remote. Re Polemis should no longer be regarded as good law. VAT Registration No: 842417633. 0000001893 00000 n Free resources to assist you with your legal studies! 0000001802 00000 n 1), Re Polemis had indeed become a " bad " case laying down an inappropriate rule, these misconceptions about why the rule Re polemis Kalam Zahrah. Due to the carelessness of the workers, oil overflowed and sat on the water’s surface. Re Polemis Case. 405; the arguments of both sides are summarised by Lord Parker at pp. Re Polemis and Furness, Withy & Co [1921] 3 KB 560 Facts: ... using The Wagon Mound test & approach in Hughes v Lord Advocate [1963]: not necessary to distinguish between different physical injuries, because precise nature of injury does not need to be foreseeable; Egg-shell skull rule. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. trailer Wagon Mound Case A vessel was chartered by appellant. 1) (1961) was the Australian tort appeal case from the New South Wales Supreme Court that went all the way to the Privy Council in London. At first instance (arbitration), it was held that the reasonable unforeseeability of the outcome meant that the defendant was not liable for the cost of the ship. 1) [1961] AC 388, however it has never been officially overturned in English law and theoretically remains âgood case lawâ, despite its lack of application. x�b```"9����cb�~w�G�#��g4�����V4��� ��L����PV�� Notably, this authority would go on to be replaced in the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound) (No. Spread led to MD Limited’s wharf, where welding was in progress. 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