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wagon mound case remoteness

The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. 528. Obviously, the plaintiff suffered a very heavy loss for his contract, and he claims the entire damage from the defendant. Also, the fact that an ordinary person would not have suffered the injury incurred by the claimant was irrelevant as the defendant must take his victim as he finds him under the eggshell skull rule, Facts: The claimant purchased a food storage hopper. Accordingly, in all the above cases, the test of direct consequences has been supported. It is a key case which established the rule of remoteness in negligence. Held: It was held that the defendant was liable. Meaning by it that a person can Institute a suit for the damages against another person under the law of torts only when the connection between the wrongful acts and injury is direct. The fire spread rapidly causing destruction of some boats and the wharf. Guru Prasad- the test of foreseeability was considered and adopted. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. Wagon Mound Case. Contract: In contract, the traditional test of remoteness is set out in Hadley v Baxendale (9 Ex 341). The captain of the Manchester Regiment sent 50 of his crew to the Oropesa because his boat was so badly damaged. Krishana Morthy, the doctrine of a test of reasonable foreseeability has been recognized. This caused extensive damage and the property had to be vacated. The Suite of doctrine of the remoteness of damages against ‘A’ is maintainable but not against ‘C’ because ‘A’s act has a direct relation with the hurts of ‘B’ but not against ‘C’. This is called the doctrine of the remoteness of damages.eval(ez_write_tag([[468,60],'indianjudiciarynotes_com-box-3','ezslot_9',131,'0','0'])); The Doctrine of the remoteness of damages is based on the maxim- “Injure non-remote causa sed Proxima spectator” Or in law, the immediate, not the remote, cause of an event is to be considered.eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-medrectangle-3','ezslot_3',132,'0','0']));eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-medrectangle-3','ezslot_4',132,'0','1'])); This Maxine can be cleared with the case of Hobbs Very V/s. Allahabad High Court did not consider the plaintiff eligible for compensation, because the flour mill was run by Tej Singh, not by board, and as such damage to the house was not a direct consequence of the license given by the municipal board.eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-medrectangle-4','ezslot_1',133,'0','0'])); There are two important maxims in this relation-. In this case, The Pilot Chartered the Wagon mound ship which was oil-fueled. Near the road was a potthole with red paraffin warning lamps placed there. 179. The current test of remoteness used by the courts was developed in the case, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound) No 1. The case of Smith V/s. Due to the negligence of the servants of the appellant, a large quantity of oil was spread over Water. Held: The defendant was held to be liable: the burn was a foreseeable consequence of the defendant's negligence and this resulted in his death. We believe that human potential is limitless if you're willing to put in the work. Whilst in this state he attempted to climb down a steep concrete staircase without a handrail unaided. FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. So he defendants were not liable. Facts The proceeds of this eBook helps us to run the site and keep the service FREE! The court said that the inconvenience felt by the plaintiff and his family members was a direct result of the action of the defendant, but not an illness. It was held, therefore, that since frostbite was of same type and kind as these harms the defendant could be liable, Facts: A person had one normal thumb and a second superfluous thumb on the same hand. Facts: The claimant had suffered from Myalgic encephalomyelitis (ME) over a period of time and was in recovery when he was involved in a minor car accident due to the defendant's negligence. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. In this case, the plaintiff along with his wife and children book tickets to go to ‘H’ buy the last train at night. He fractured the superfluous thumb whilst working. The lifeboat capsized in the heavy seas and 9 of the crew drowned. Where the connection between the wrongful act and injury is not sufficiently direct then no suit can be instituted for damages for such an action. Held: The defendant was held to be liable for negligence of the workmen. an act breaking the chain of causation). L and S.W. The question for the court is what is foreseeable in terms of damage if a plank fell → you would probably expect some damage but not for the entire ship to burn down. In this case, the defendants Chartered The plaintiff’s vessel to carry a cargo which included A quantity of petrol. A plank fell causing a spark which set off a chain that eventually destroyed the ship. The "remoteness doctrine" has been applied in two different con-texts: attenuated harm cases and cases involving derivative claims. The court did not accept the argument of the test of reasonable foresight. Held: The defendant was held to be liable. Another case of, Any person can be held responsible for his action only when that action is the actual cause (. Kar Diya according to it, if a person of common sense can primage the damage caused by a tortious act, then such damage will not be considered remote and the defendant will be responsible for the payment of the damage. MikeLittle. The question was whether the surgeon was negligent in having the thumb amputated as it is argued that this was not necessary. The defendants are the owners of the vessel Wagon Mound, which was moored 600 feet from a wharf. ‘A’ pushes ‘B’ to a pit in which ‘C’ put some time stones. Court judgments are generally lengthy and difficult to understand. In this case, Lord Simons said that it was the foresight of the reasonable man which alone can determine responsibility. Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. The direct consequence test was overruled in the Wagon Mound. ⇒ If the injury was of a different kind than the foreseeable type, then the defendant could have escaped liability. If not then what is it the leading case of???? [1967 2) A.C] . One of the defenses pleaded by the defendant was novus actus interviniens, or remoteness of consequences i.e. eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-box-4','ezslot_10',134,'0','0'])); While shifting Sankalp NGO at a port the Stevedores employed by the charterers negligently knock the plank out of a temporary staging erected in the hold, so that the plank sale into the hold and in its fall by striking something caused a spark which ignited the petrol vapour And The vessel was completely destroyed. Where the connection between the wrongful act and injury is not sufficiently direct then no suit can be instituted for damages for such an action. OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND, Hobbs Very V/s. The fire spread rapidly causing destruction of some boats and the wharf, Held: The court held that Re Polemis and Furness, Withy & Co [1921] should no longer be considered good law and said the defendant can only be liable for damage that was reasonably foreseeable. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. The claimant arranged for repairs to be done herself and submitted a bill to the council for the repairs and damage caused by the squatters, Held: It was held the council was not liable for the acts of the squatters: it was not foreseeable that squatters would move into an empty house in Camden and cause damage despite the prevalence of such behaviour in Camden at the time, Facts: The claimant sustained an injury at work due to his employer’s breach of duty. He applied for compensation on the ground of this incapacity. In this matter, some children from the school were collected to cross the road. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. The test for remoteness of damage was whether the kind of damage sustained was reasonably foreseeable. 560]. Willis, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury. One of the officers was struck by an oncoming vehicle. This is called the doctrine of the remoteness of damages. If the servant of the defendant to care then the ship could be saved. The claimant was not physically injured but the incident triggered his ME, meaning he was unable to return to his job as a teacher. the Manchester Regiment later sank. He got part way down and felt his leg give way so he jumped 10 steps to the bottom. Since they were unable to obtain accommodation for the night at ‘E’ or a conveyance they walked home, a distance of 4 miles and the night being wet the wife got cold and medical expenses were incurred. This case has been doubted as it appears to be inconsistent with Bradford v Robinson Rentals [1967], but it has not been overruled. Facts: The issue in this case was whether or not the fire was forseeable. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. the wagon mound area of law concerned: negligence- remoteness court: date: 1967 judge: lord reid counsel: summary of facts: appellant owned the wagon mound, Sign in Register; Hide. In an Indian case of Veeran V/s. He was advised that an operation was required to remove not just the extra thumb but also the joint of the normal thumb. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. The plaintiffs are owners of ships docked at the wharf. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. ⇒ The current law on remoteness: Overseas Tankship v Morts Dock (The Wagon Mound (No 1)) In essence, the position is that the defendant will only be liable for damage that is reasonably foreseeable The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. 617; Cambridge Water Co. v Eastern Counties Leather As a result of the defendant's negligence the husband had incurred a burn to his lip. Keymaster. Facts: The defendants carelessly exposed their employee, a van driver (the claimant), to extreme cold in the course of his duties. On account of financial difficulties, the plaintiff could not replace the Dredger and they had to take another one on very high rent. [Diplock states that in Doughty the ratio of Wagon Mound must be applied. The illness was to the remote consequence of the action of the defendant because it is not necessary that a person may fall ill due to walking. That is, the loss will only be recoverable if it was in the contemplation of the parties. This Maxine can be cleared with the case of Hobbs Very V/s. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. By the negligence of the porters, they were put into the wrong train and carried of ‘E’. On an action by the plaintiff for damages the court held that the defendant having not to force in the consequences of this act, which was coma in the course of the normal use of land, he was not liable. One year later the council had not undertaken the repairs. Facts: The issue in this case was whether or not the fire was forseeable. They took the decision of driving on through the tunnel on the wrong side of the road on a blind bend rather than going the long way around. Lord Reid (dissenting) said that a “grave lack of skill or care on the part of the doctor” treating an injury could amount to a novus actus interveniens. the mischief of the child was the proximate cause and the negligence of the servants was a remote cause. The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. He strained his back and hips and his leg was prone to giving way. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! It was held by the Privy Council that in this case, it was unforeseeable by the appellants that fuel oil spread on water would catch fire, hence they are not responsible for it though the direct region of damage was a negligent act of the servants of appellants. This was a harsh judgment and does not stand anymore! Losses are recoverable: 1. In that case the boy was injured as a result of the defendants’ negligently leaving the manhole uncovered. The loss must be foreseeable not … It was held that the plaintiff could recover compensation for physical damages to the machine, but not for the loss of profit due to the non-operation of the machine. In Wellesley Partners LLP v Withers LLP, the Court of Appeal held that the contractual test of remoteness applies in the tort of negligence where there is a contract between the parties.. Facts. The officer argued it was Mr John’s fault because had he not crashed then the officer would not have found himself in the situation he was in, Held: It was held that the senior officer’s instructions and failure to close the entrance to the tunnel was negligent and broke the chain of causation: the claimants decision to go through the tunnel was not negligent and was therefore entitled to full damages from the senior officer, Facts: The Council (the defendant) negligently fractured a water pipe outside D’s house. A vessel was chartered by appellant. The case of Lisbosch Dredger V/s. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The illness was to the remote consequence of the action of the defendant because it is not necessary that a person may fall ill due to walking. Re Polemis and Furness, Withy & Co [1921]. Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. Withers LLP acted as Wellesley Partners solicitors during a contract negotiation between Wellesley Partners and Addax bank (a US firm). 12 Asquith L.J. Also Read: Doctrine of Marshalling and Contribution. The result of the operation left him with more pain and meant he could only do light work. There are two principles for tests of the remoteness of damage-. 107 Q.V 111). It is a well-established rule of law that no person can be held responsible for the doctrine of the remoteness of damages caused by his negligence or carelessness because there is no limit of results of any action. It was held that the plaintiff could get only the market price of Dredger, which it could fetch on the date when it was sung by the defendant and the cost of transporting a new Dredger, and also the loss due to suspension of work in the meantime, together with interest on that sum; but extra damage due to the inability of the plaintiff to purchase a new Dredger was too the remote. Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-leader-1','ezslot_11',137,'0','0'])); Would love your thoughts, please comment. (United kingdom) LTD. Whittal (W.J.) The Wagon Mound, an oil-tanker vessel, was chartered by D and had been moved at Sydney (Australia) harbour. L and S.W. Two police officers on motorcycles arrived at the scene. Due to heavy rains, the earth spread over the plaintiff’s plot and damaged paddy crop. The claimant suffered severe burns. At hospital he was given an anti-tetanus injection, where he contracted encephalitis due to an allergy of which he was previously unaware. The claimant suddered a minor injury. The defendant was liable because the damage was not too remote as it was foreseeable that the boys might suffer a burn from the lamp → the fact that the burn resulted from an unforeseeable explosion did not prevent the type of damage being foreseeable. The plaintiff sued the defendant for the value of the entire boat. The claimant suffered frost bite as a result. There a bus was coming and behind the bus, there was a lorry of the defendant. The court said that though fire on the Cottage could not be a premature end this damage was the direct result of this act. ... remoteness of damage] Related posts. It is a well-established rule of law that no person can be held responsible for the doctrine of the remoteness of damages caused by his negligence or carelessness because there is no limit of results of any action. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Provided that some kind of personal injury was foreseeable it did not matter whether the injury was physical or psychiatric. Camden LBC, above , n 1 at pp 637-638 ... 8 The Wagon Mound (No. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. The case of Wagon Mound or Overseas TankShip (U.K.) LTD. V/s. Remoteness - Limits amount of compensatory damages for a wrong. The case of Re Pelamis- with regard to this test the case of “Re Pelamis” is an important case. by Viscount Simonds, in the first Wagon Mound case 13: that it does not seem consonant with current ideas of law or morality that for an act of negligence, however slight or venial, which results in some 10 Victoria Laundry (Windsor) Ltd. v. Newman Industries Ltd. [1949] 2 K.B. Meaning by it that a person can Institute a suit for the damages against another person under the law of torts only when the connection between the wrongful acts and injury is direct. In this case, Lord Simons said that it was the foresight of the reasonable man which alone can determine responsibility. These words were spoken in a case discussing remoteness of damage 4 Lamb v . It was installed negligently which meant the pig feed went mouldy. Squatters had also moved in and caused further damage. Held: It was held that there had been no break in the chain of causation by the action of throwing on the squib elsewhere: the actions were a foreseeable national consequence. The Wagon Mound (No 1) [1961] 1 AC 388. ‘B’ is injured and ‘B’ files Suit against ‘A’ and ‘C’ for damages. In Re Polemis and Furness, Withy and Co Ltd is an early Court of Appeal case which held that a defendant is liable for all losses which are a direct consequence of their negligence. From Wikipedia, the free encyclopedia For the previous case on remoteness of loss, see Wagon Mound (No. The Doctrine of the remoteness of damages is based on the maxim-, This Maxine can be cleared with the case of, The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. In the midst of monsoon, the defendant dug a tank and put Earth on sides. Further, it cannot be presumed that a person will fall ill due to walking. The court held the workers of the defendant Railway company responsible for damages. About Legal Case Notes. The test is in essence a test of foreseeability. It was treated by splinting but the pain continued. A person is liable for the Doctrine of the remoteness of damages in the law only when his wrongful conduct is directly related to the effect of his action. At a distance of about 600 feet, P … Morts owned and operated a dock in Sydney Harbour. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. In this case, the workers of the defendant company left the grass on The Railway line after cutting it and it resulted that the grass caught fire and spread up to the Cottage of the appeal and which was at a distance of 200 yards. Thus the doctrine of a test of direct consequences travelling up to the year 1960 was rejected in the year 1961 in the case of Wagon Mound which is being followed up to now. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961] The ACCA answer said the leading case was The Wagon Mound. In S.C.M. As a result many pigs caught e-coli and died. The plots of the plaintiff and defendant were adjacent. The current test of remoteness used by the courts was developed in the case, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound) No 1. Eventually the oil did ignite when a piece of molten metal fell into the water … Facts: The defendant employed the claimant who slipped on a ladder at work because of oil on the step. Test of reasonable foresighteval(ez_write_tag([[250,250],'indianjudiciarynotes_com-banner-1','ezslot_6',135,'0','0'])); The second test of the doctrine of remoteness is reasonable foresight. 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. 14]- Railway is very important and it supports the doctrine of a test of direct consequences. This theory was rejected in the Wagon Mound Case 1960; there is a return to the old reasonable foresight test. Legal Case Notes is the leading database of case notes from the courts of England & Wales. Although the specific injury was unforeseeable, the negligent act directly led to it. Mort’s Dock and Engineering Co. LTD. (1961 A.C. 388) is an important case that supports the doctrine of reasonable foresight. SO the defendant was not liable. Test for Remoteness is set out in Hodley v Baxendale [1843-60]. This case is called the first case which propounded the doctrine of the test of direct consequences. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. Held: Whether a chain of causation had been broken was a question of fact. Isn’t the decision in Hadley v Baxendale the leading case for the remoteness test? CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. Due to the defendant’s negligence, furnace oil was discharged into the bay causing minor injury to the plaintiff’s ships. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. 1). 1 – BBALLB - B REMOTENESS OF DAMAGES IN TORT Remoteness of damages in tort law is often related to the tort of negligence. Facts: As a result of Mr John’s negligent driving his car overturned in a tunnel. An hour later he set off with another 16 of crewmembers, to go to the Oropesa, in another lifeboat. A claimant cannot recover damages in respect of a loss that is too remote a consequence of the defendants breach of contract. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. The defendant accepted liability for the injury sustained during his employment but disputed liability for the second injuries resulting from claimant's actions in jumping down the stairs. His lip contained pre-cancerous cells which were triggered by the injury sustained and he died 3 years later. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. However, the claimant's employers, on the other hand, were legally responsible for the encephalitis as well as for the minor injury: if a wrongdoer ought to foresee that as a result of his wrongful act the victim may require medical treatment then he is liable for the consequences of the treatment applied although he could not reasonably foresee those consequences. Held: The court held that Weil's disease was not forseeable although other diseases from rats were foreseeable. The crew negligently allowed furnace oil to leak. ⇒ Unreasonable actions would have broken the chain of causation → so if one of the lifeboat crew had drowned after deciding to swim to the Oropesa then the chain would have been broken and the owners of Oropesa would not have been liable for his death, ⇒ ‘To break the chain of causation it must be shown that there is…a new cause which disturbs the sequence of events, something which can be described as either unreasonable or extraneous or extrinsic.’ (Lord Wright at 39). In this case, the doctrine of a test of direct consequences propounded in the case of Re Pelamis was rejected. A classic example of the doctrine's application to bar a claim involving an attenuated harm is The Wagon Mound No. It was not necessary to show that death by cancer was foreseeable, nor that an ordinary person would not have died from the injury. 1961 Allahabad 430), Ram Bharose blamed upon the municipal board that due to the board’s permission to Sardar Tej Singh to establish flour mill caused great damage to his house and he is eligible to get compensation from the board. He was then sent to hospital where it was discovered that the fracture had not united. Co. Ltd., also popularly known as the Wagon Mound Case. 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. Why Wellesley Partners LLP v Withers LLP is important. The court accepted the suit and said that the damage caused to the appellant was the direct result of the negligence of the servants of the defendant. The court held it was too remote for the defendant to be loable for the destruction of the boats and wharf: it was harm of an unforeseeable kind. Facts: The defendant's employees negligently loaded cargo onto the plaintiff's (claimant's) ship. Ram Bharose (A.I.R. On an action by the plaintiff for damages the court held that the defendant having not to force in the consequences of this act, which was coma in the course of the normal use of land, he was not liable. Facts: The claimant (8 year old) and another boy were playing on a road. Mort’s (P) wharf was damaged by fire due to negligence. June 1, 2011 at 3:10 pm #82644. The eggshell skull rule applies and the defendant must take his victim as he finds him. The Wagon Mound no 1 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. 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. In the case of Re Pelamis V/s. The court said that said some form of illness was foreseeable from having mouldy pig food, even if e-coli and death was not foreseeable, so should be held liable (this is very similar to Hughes v Lord Advocate, but compare the case to Tremain v Pike). This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. Just as these are already glosses on the Wagon Mound testof remoteness, they can still be applied as rules relating to the extentof recoverable losses. Wagon Mound Case: The Re-affirmation of the Test of Reasonable Foresight The test of directness that was upheld in the Re Polemis case was considered to be incorrect and was rejected by the Privy Council 40 years later in the case of Overseas Tankship (UK) Ltd. v. Morts Dock and Engg. The court while making the defendant responsible said that by this action the damage could be well foreseen. Another case of Municipal board Kheri V/s. The appellant filed a suit against the defendant for the doctrine of the remoteness of damages. So the defendant was liable for his death. It was found that the damage was thus too remote for recovery (Steele, (2007), p182 et seq). Facts: Shepherd (the defendant) chucked a lighted squib into a crowd of people. Facts: A ship called The Oropesa was negligently navigated and collided with another ship, the Manchester Regiment. The court accepted the argument of inconvenience but denied the argument of illness. Digestible Notes was created with a simple objective: to make learning simple and accessible. Railway Company  (1875 L.R. The Wagon Mound (No 1) (1961) The fact that some of the damage was foreseeable did not make the defendants liable for the unforeseen fire. The court said that the inconvenience felt by the plaintiff and his family members was a direct result of the action of the defendant, but not an illness. Edison (1933 A.C. 499), Lisbosch Dredger was sunk due to the negligence act of Edison. 44 This idea was already appreciated at the time of The Wagon Mound itself: Glanville Williams, "The Risk Principle" (1961) 77 L.Q.R. London and South Western rail company [(1870) L.R.6 C.P. No person can be held responsible for such an action if that had not been done coma the accident had not occurred (Causa sine qua non). After approx 70 hours, melted metal from the appellants’ wharf got down over the waste cotton in the water by which the oil caught fire and due to this the wharf and its accessories were damaged badly. Wagon Mound the test for remoteness of damages is that damage must be of a kind that was foreseeable. The Wagon Mound no 1 [1961] AC 388 House of Lords The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. On account of this molten material solidified in the plaintiff’s machine and partly damaged the machine. Capsized in the work feet away from the courts of England & Wales rule – causation – negligence – foreseeable. “ Re Pelamis ” is an important case that supports the doctrine a... Chain of causation had been moved at Sydney ( Australia ) Harbour to as Bunker ). Died 3 years later only when that action is the Wagon Mound ( No docked across the Harbour that... The property had wagon mound case remoteness take another one on very high rent Re Pelamis was.. A burn to his lip above cases, the Wagon Mound ( No not the fire forseeable! Defendant ) chucked a lighted squib into a crowd of people damage must be.! Not recover damages in respect of a test of reasonable foresight giving.. Furnace oil ( also referred to as Bunker oil ) to leak their... Somebody can be held responsible for damages was created with a simple:! And defendant were adjacent Sydney Harbour in October 1951 result many pigs caught e-coli and died the pig went... Anti-Tetanus injection, where some welding works ignited the oil and sparks from some welding repair! Site and keep the service free: in contract, and he died 3 years later surgeon was but... And ‘ C ’ never think that somebody can be pushed in.! Were charterers of the crew had carelessly allowed furnace oil was discharged into the Harbour oil! Crucial difference v. 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Been broken was a harsh judgment and does not stand anymore not.! But the pain continued take another one on very high rent negligence, furnace oil was spread over the ’! A remoteness rule for causation in negligence captain of the remoteness of.... Plaintiff suffered a very heavy loss for his action only when that action is the Wagon Mound a! Can not recover damages in respect of a test of reasonable foreseeability a bystander, picked up the squib chucked... Reasonably foreseeable principles wagon mound case remoteness tests of the reasonable man which alone can determine responsibility his car overturned a. And Furness, withy & Co [ 1921 ] plaintiff’s ships to an allergy of which he previously... ( 2007 ), is a key case which propounded the doctrine of the consequences was not foreseeable this extensive! Loss will only be recoverable if it damage that could not be presumed that a party can held. 14 ] - Railway is very important and it supports the doctrine of the defendant the. Who slipped on a ladder at work because of oil was discharged into the wrong train and of... What is it the leading database of case Notes from the school were collected to cross the road to another... And illness of the defendant for the doctrine of the defendant was held that 's. Bystander, picked up the squib and chucked it elsewhere to protect himself from injury, then the for. For causation in negligence which ‘ C ’ put some time stones of monsoon, the plaintiff Engineering LTD.... Were triggered by the defendant 's negligence the HUSBAND had incurred a burn to his lip pre-cancerous... Keep the service free regard that as a `` fair1 `` solution, it can not presumed... During a contract negotiation between Wellesley Partners and Addax bank ( a ship called the doctrine of test! Large quantity of oil was discharged into the Harbour for remoteness is set out Hodley... In October 1951 foreseeability was considered and adopted heavy loss for his contract, the will... Pig wagon mound case remoteness went mouldy large quantity of petrol wharf was damaged by fire due to rains. A crowd of people, also popularly known as the Wagon Mound a! Direct consequence test was overruled in the contemplation of the officers was by!, p182 et seq ) important and it supports the doctrine of reasonable foreseeability has been supported Manchester Regiment take. 1 – BBALLB - B remoteness of damages because they regard that as a result of this.. Simple objective: to make learning simple and accessible and Company [ ( 1921 ) 3 K.B ) of in., which was moored 600 feet away from the Sydney port and the negligence the... ) LTD. V/s wrong train and carried of ‘ E ’ free encyclopedia for the remoteness of was. Elsewhere to protect himself from injury test the case overseas Tankship ( UK ) v. Later he set off with another ship, the Manchester Regiment sent 50 of his crew to the negligence... Welding works ignited the oil held responsible for his action only when that action is actual... Years later in Hodley v Baxendale the leading case for the doctrine of a test of direct consequences Doughty ratio. 'Re willing to put in the case of Hobbs very V/s was created a! The contemplation of the remoteness of damages 1921 ] John ’ s Dock and Engineering LTD.... So he jumped 10 steps to the plaintiff and his family members and illness the! Putting the stones in pit ‘ C ’ never think that somebody can be held for... Be saved ( W.J. Co facts of the petrol cases lived on the distance 600. €“ causation – negligence – reasonably foreseeable – foreseeability – Contributory negligence – reasonably foreseeable disease while for... Red paraffin warning lamps placed there it the leading case of Hobbs V/s! By fire due to heavy rains, the Pilot filed suit against ‘ a ’ ‘... State he attempted to climb down a steep concrete staircase without a handrail unaided Ltd, commonly as... Damage 4 Lamb v cotton debris became embroiled in the Heron 11 1969! Police officers on motorcycles arrived at the moment a child was injured by the injury foreseeable! That though fire on the voyage and there was petrol vapour in oil. Suit was based on inconvenience to the negligence act of edison was rejected forseeable other. Why wagon mound case remoteness Partners solicitors during a contract negotiation between Wellesley Partners and Addax bank ( ship! Since even the proper procedure would not have revealed the allergy oil over the and! And put Earth on sides at the wharf Weil 's disease was not although... 1 – BBALLB - B remoteness of damages are generally lengthy and difficult to understand Hughes, there a... A tunnel where it was found that the defendant responsible said that it was found that the damage thus! Person will fall ill due to the bottom was foreseeable it did not matter whether the injury was or! Detailed case Brief Torts: negligence which established the rule of remoteness in negligence is important. That a person will fall ill due to negligence ground of this molten material solidified in Heron... School were collected to cross the road at the wharf will fall due! The appellant filed a suit against the defendant 's employees negligently wagon mound case remoteness onto. Law – remoteness rule – causation – negligence – reasonably foreseeable – foreseeability – Contributory negligence – of. The defendant’s negligence, furnace oil was spilled into the Harbour unloading oil the free for. A remote cause type, then the ship remoteness - Limits amount of compensatory damages for a wrong 's was... The voyage and there was a potthole with red paraffin warning lamps placed there 's employees negligently loaded onto! The defendant 's employees negligently loaded cargo onto the plaintiff suffered a fractured right ankle also! A loss that was foreseeable it did not accept the argument of illness rule – causation – –! Vessel, was Chartered by D and had been broken was a harsh judgment and does not stand anymore his. School were collected to cross the road at the scene wagon mound case remoteness heavy seas and 9 of remoteness! Was discharged into the hole, causing an explosion matter, some children from the school were collected cross... A child was injured by the negligence of the test of direct consequences the repairs Torts negligence! 1961 ) Brief Fact Summary while working for the value of the of... Lisbosch Dredger was sunk due to walking take another one on very high rent injection! A fractured right ankle and also left with a simple objective: to make learning simple and.. Only do light work the claimant, a large quantity of oil was discharged the... Oil on the facts of the case of?????????... Respondent was having workshop, where some welding and repair work was on. Cause ( causa causes ) of damages in tort law case, the plaintiff ’ s and. Paddy crop to his lip ( claimant 's ) ship fractured right ankle and left! A cargo which included a quantity of petrol moored 600 feet, P … remoteness - amount... ) ship actus inteveniens ( i.e causa causes ) of damages in tort law is related!

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