Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Held: Wagon Mound made no difference to a case such as this. The Wagon Mound … The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. 0000001712 00000 n The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. 0000001985 00000 n Owners of … 0000007028 00000 n Furness hired stevedores to help unload the ship, and one of them knocked down a plank which created a spark, ignited the gas, and burnt the entire ship down. to the Court of Appeal to refuse to follow Re Polemis on one or more of the grounds laid down in Young v. Bristol Aero. 123 0 obj <> endobj 0000000716 00000 n The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) In Overseas Tankship (UK) Ltd v Morts Dock (Wagon Mound), the Privy Council held that a defendant should only be liable for damage which was reasonably foreseeable.In doing so, they held that In Re Polemis should no longer be regarded as good law. 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) 123 21 The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! %%EOF See also James, Polemis: The Scotch’d Snake C19621 J.B.L. 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. Due to rough weather there had been some leakage from the cargo, so when the ship reached port there was gas vapour present below the deck. Re Polemis was a COA decision and in principle binding upon the lower court; the Privy Council decision had only persuasive authority. The initial injury (the burn) was a readily foreseeable type and the subsequent cancer was treated as merely extending the amount of harm suffered. 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. In 1961, in Overseas Tankship (U.K.) Ltd-, v. Morts. trailer 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. 0000008953 00000 n The Wagon Mound is the accepted test in Malaysia, approved in the case of Government of Malaysia v … 1), Re Polemis had indeed become a " bad " case laying down an inappropriate rule, these misconceptions about why the rule The defendants are the owners of the vessel Wagon Mound, which was moored 600 feet from a wharf. View In re Polemis and Overseas Tankship v. Morts Dock .docx from LAW 402A at University Of Arizona. A claimant must prove that the damage was not only caused by the defendant but that it was not too remote. x�b```"9����cb�~w�G�#��g4�����V4��� ��L����PV�� Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound (No 1)) AC 388 D’s vessel leaked oil that caused fire. 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. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. The crew had carelessly allowed furnace oil … 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. The fire spread rapidly causing destruction of some boats and the wharf. 11. 0000009883 00000 n Reference this The spark was ignited by petrol vapours resulting in the destruction of the ship. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. 0000000016 00000 n *You can also browse our support articles here >. Consequently, the court uses the reasonable foresight test in The Wagon Mound, as the Privy Council ruled that Re Polemis should not be considered good law. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. 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{. Overseas Tankship chartered the ‘Wagon Mound’ vessel, which was to be used to transport oil. The plaintiffs are owners of ships docked at the wharf. Cancel Unsubscribe. 0000001354 00000 n As a matter of fact, it was found that it was not reasonable to expect anyone to know that oil i… 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach 0000001144 00000 n 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. Privy Council disapproved of Re Polemis. The Wagon Mound (No. Re Polemis has yet to be overruled by an English court and is still technically "good law". Spread led to MD Limited’s wharf, where welding was in progress. re Polemis – any damage foreseen Wagon Mound 1 – type of harm Hughes v L Advocate – method unseen but PI Jolley v Sutton – method unseen but type foreseen Tremain v … 5 There was, of course, the binding decision by the Court of Appeal in Re Polemis & Furniss. i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. 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