The Polemis rule, by substituting “direct” for “reasonably foreseeable” consequence leads to a conclusion equally illogical and unjust’. It is a key case which established the rule of remoteness in negligence. In Wagon Mound No. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down its judgment in Overseas Tankship (U.K.) Ltd v. Morts Musu study Tort Law. TORT LAW Revision - Summary Tort Law 1.9 Pure Economic loss - Tort Law Lecture Notes Sample/practice exam 2017, questions Tort Breach of Duty Summary Tort Duty of Care Exam summary Chapter 2 Negligence Notes. Once damage is of a kind that is foreseeable the defendant is liable for the full extent of the damage no matter whether the extent of the damage is foreseeable. 1, Polemis would have gone the other way. 'THE WAGON MOUND' I. The above rule in Wagon Mound’s case was affirmed by a decision of the House of Lords in the case of Hughes vs Lord Advocate (1963) AC 837. 2 comes out a different way based on different lawyering. Wagon Mound (No. Related Studylists. Before this decision in The Wagon Mound No.1 defendants were held responsible to compensate for all the direct consequences of their negligence, a rule clarified by the decision in Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. Thus, by the rule of Wagon Mound No. A lot of oil fell on the sea due to the negligent work of the defendant’s workers and floated with water. Zillow has 1 homes for sale in Wagon Mound NM. The Wagon Mound no 1 [1961] AC 388 Case summary Following the Wagon Mound no 1 the test for remoteness of damage is that damage must be of a kind which was foreseeable. In this case, there was a construction work being done by post office workers on the road. In Minister of Pensions v. Chennell [1947] 1 K.B. (as he then was) said: "Foreseeability is as a rule vital in cases of contract; and also in cases of negligence, whether it be foreseeability in respect of the person injured as in Palsgref v. Long Island Rly. 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. The Wagon Mound and Re Polemis Until rg61 the unjust and much criticized rule in Re Polemisl was held, by the courts, to be the law in both England and Australia. Preview text The Wagon Mound principle. (discussed by Professor Goodhart in his Essays, p. 129), Donoghue v. The fact of the case: “Wagon Mound” actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (1961). The construction work was covered with tents and there were also paraffin lamps around the tents. View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. 253 Denning J. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. The Wagon Mound principle. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. XII. In essence, in negligence, foreseeability is the criterion not only for the existence of a duty of care but also for [The Wagon Mound represents English law. Wagon Mound No. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No 1)" [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. 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