THE RULE OF REASONABLE FORSEEABILITY. 0000002997 00000 n The cases will go down to posterity as The Wagon Mound (No. Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. 0000007028 00000 n An Overview of the Rule of Reasonable Forseeability. 143 0 obj<>stream 0000000016 00000 n oil from the ss. startxref ڶ�߅"k��.a�W��l_�o�]s�!�Ǧ/Iƣ��{q��ǃ�o{s��Yq�/��Z+КT�`T7�,#�X�կ��0��D�����r����i:)�9��������1����9V"����P�R�����JN|�+Xgx{,�. Q'��S)휬M���/��urY9eU�Ƭ�o$6�]\��NfW��7��4s�T The Patna Case 1777-1779 (with explaination)।।LEGAL HISTORY।।LLB NOTES।। - Duration: 9:51. Remoteness; Judgment. Email This BlogThis! Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected.The ship suffered damage as a result of the fire. 0000001985 00000 n Wagon Mound Case Study; Wagon Mound Case Study. 350 0 obj <> endobj 0000001144 00000 n 0000001226 00000 n 0000009883 00000 n 0000005153 00000 n Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. 0000008953 00000 n 0000001802 00000 n The case law in this field in the post Wagon Mound No.1 era does not suggest that significant problems or iniquities have arisen as a consequence of the application of the foreseeability test. The defendants, charterers of the as. 0000006931 00000 n About Legal Case Notes. oil from the ss. Aradhya Gupta LAWVITA Recommended for you %%EOF Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. h�b```"^0���ˀ 1&���@�05��s���%�S�����R�Qp9�l��fÙYV�@{9�s`D�X���a*�溟N �ÃL ��; a�-� Posted on March 24, 2016 Written By Olanrewaju Olamide. Posted by DENIS MARINGO at 4:54 AM. Background facts. %PDF-1.6 %���� H��UMo�8��W�V��Y��h��n� ��X(�����][B���%R��:�E�H�p����H *��4a��-�Lq \4����r��E�������)R�d�%g����[�i�I��qE���H�%��_D�lC�S�D�K4�,3$[%�����8���&'�w�gA{. The defendants are the owners of the vessel Wagon Mound… 0000008055 00000 n Here, however, the central problem arises : what exactly must be reasonably foreseen? 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 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. Overseas Tankship (UK) Ltd v The Miller Steamship Co or The Wagon Mound (No 2) [1967] 1 AC 617 is a landmark tort case, concerning the test for breach of duty of care in negligence. Mort’s (P) wharf was damaged by fire due to negligence. The Wagon Mound (No 2) 1967 held • Different from the findings in previous case, it showed that there is some risk of fire would have present to the mind of a reasonable man in the shoes of the defendant, though very rare and exceptional. Share to Twitter Share to Facebook Share to Pinterest. endstream endobj 351 0 obj <> endobj 352 0 obj <> endobj 353 0 obj <>stream 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. Facts These are available on the site in … The" Wagon Mound" unberthed and set sail very shortly after. x�b```"9����cb�~w�G�#��g4�����V4��� ��L����PV�� The plaintiff sought damages from the defendant employer for injuries (cancer and death) that were consequential on an initial injury (burn). %%EOF 1 Case overturned previous ruling that the defendant was liable for all damages which were a direct consequence of the tort alleged-The Wagon Mound case replaced the test with a test of reasonable foreseeability-The question then becomes determining how likely, or probable the risk was. The cases will go down to posterity as The Wagon Mound (No. %PDF-1.6 %���� Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. The cases will go down to posterity as The Wagon Mound (No. 1) and The Wagon Mound … .'. 11 When the respondents' works manager became aware of the condition of things on the vicinity of the wharf he instructed their workmen that no welding or burning was to be carried on until further orders. I have written over 600 high quality case notes, covering every aspect of English law. 0000005064 00000 n 0000000716 00000 n The Wagon Mound No. ~rain'l a case decided one year after the Wagon Mound decision was handed down. THE WAGON MOUND The Wagon Mound (as the decision will be called for short) involved liability for damage done by fire, like many of the leading English and American cases on remoteness of damage. 0000001712 00000 n h�̔Mo�@��ʞ"8����v�% Q#�R%A���d���M]�=�N��. Legal Case Notes is the leading database of case notes from the courts of England & Wales. The Village of Wagon Mound is located 43 miles North of Las Vegas, New Mexico along I-25. 0000003089 00000 n Interpretations of the Decision in The Wagon Mound Main arguments in this case: A defendant cannot be held liable for damage that was reasonably unforeseeable. h�bbd``b`j�@�q*��$8[��'�#�[�,#i���o =�� 0000001893 00000 n 2646 Words 11 Pages. 3) If the Wagon Mound servants doesn't afford to pay the loss of damage caused by the fire so the manager have to pay all the damages remedies.2. 11. The foreseeable consequences of spilling a large quantity of furnace oil from the ss. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Wagon Mound, while taking on bunkering oil at the Caltex wharf in Sydney Harbour, carelessly The Village sprang to life as a planned community in 1942 to provide housing for the Reynolds aluminum factory workers during WWII. The rule of reasonable forseeability means that a defendant would only be liable for damages which are a direct and foreseeable result from his actions. endstream endobj startxref 123 21 Areas of applicable law: Tort law – Negligence – foreseeability. particular case 'there can be no liability until damage has been done's and their Lordships then say 'liability is in respect of that damage and no other . 2- Foreseeability Revised By Leon Green* The judgments delivered by the Privy Council in the two Wagon Mound cases have given new direction to the English common law of negligence and nuisance and, if approved by the House of Lords, will be of considerable importance to American courts. Type of injury and manner of its occurrence! 0000005984 00000 n 0000001354 00000 n There are and will always be individual cases that at first sight suggest weaknesses in a legal principle, but that is not the way to judge a general test. 123 0 obj <> endobj At issue for the court was what effect the recent Wagon Mound decision should have on a case 368 0 obj <>stream 1) and The Wagon Mound (No.1 Wha 2). 1) and The Wagon Mound (No. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The Wagon Mound No.2 [1967] 1 AC 617 Privy Council The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. <]>> Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. It hosts a main road to Roy, NM to the East or Ocate, NM to the west. remoteness of damages (court of appeal)1) Defendant (Wagon Mound) are unsatisfied with the court's previous decision and not winning the case. Court judgments are generally lengthy and difficult to understand. No comments: Post a Comment. (��;���eL���$e� SV0m)2+-�d.��V��IR�uC� Tag: Wagon Mound’s case. Overseas Tankship Ltd. V. Miller Steamship Co. "Wagon Mound No. Wagon Mound is a village in Mora County, New Mexico, United States.It is named after and located at the foot of a butte called Wagon Mound, which was a landmark for covered wagon trains and traders going up and down the Santa Fe Trail and is now Wagon Mound National Historic Landmark.It was previously an isolated ranch that housed four families that served as local traders. 0 The Wagon Mound in Canadian Courts express disapproval.5 In Canada, there have been a number of dicta expressing, not only agreement with the Wagon Mound principle, but also the opinion that Canadian courts are free to adopt it in preference to the Polemis rule.6 The object of this article is to examine the validity of these dicta. question whether damage is too remote to ground an action, because in the former case the test is stricter. I have written over 600 high quality case notes, covering every aspect of English law. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. ,C�1p�l=�u����A��*�������q6����. endstream endobj 124 0 obj<> endobj 125 0 obj<>/Encoding<>>>>> endobj 126 0 obj<>/Font<>/ProcSet[/PDF/Text/ImageB]>>/Type/Page>> endobj 127 0 obj<> endobj 128 0 obj<> endobj 129 0 obj<> endobj 130 0 obj<>stream Remoteness-The Wagon Mound No. TORT CASES (DENIS MARINGO) TORT, TORTS, TORT CASES, LAWSUITS, PERSONAL INJURY LAWYER, DEFAMATION LIBEL SLANDER NEWSPAPERS INNUENDO, SLIP ... 2013. trailer The" Wagon Mound" unberthed and set sail very shortly after. 0 2" Case Brief - Rule of Law: If a party did nothing to prevent the injury, he is liable for the foreseeable consequences of his actions, even if the consequences are remote. Much oil escaped onto the water, drifted some distance to a wharf where it was accidentally ignited by someone else, and caused The Wagon Mound (No2) [1967] Uncategorized Legal Case Notes August 27, ... Lawyers rely on case notes - summaries of the judgments - to save time. ��ζ��9E���Y�tnm/``4 `HK`` c`H``c rTCX�V�10�100����8 4�����ǂE"4����fa��5���Lϙ�8ؘ}������3p1���0��c�؁�ـ$P�(��AH�8���S���e���43�t�*�~fP$ y`q�^n � ��@$� � P���� �>� �hW��T�; ��S� t was certainly not foreseeable was the complex forensic tangle to which the decisions have led. Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. Legal issues. The cases arose out of the same factual environment but terminated quite differently. 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. 0000004069 00000 n THE WAGON MOUND [1961] A.C. 388 Landmark decision. xref Facts. 2).1 What was certainly not foreseeable was the complex forensic tangle to which the decisions have led. . The engineers of the Wagon Mound were careless in taking furnace oil aboard in Sydney Harbour. 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