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). It is a key case which established the rule of remoteness in negligence. XII. (discussed by Professor Goodhart in his Essays, p. 129), Donoghue v. 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. Wagon Mound No. The construction work was covered with tents and there were also paraffin lamps around the tents. [The Wagon Mound represents English law. 253 Denning J. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down its judgment in Overseas Tankship (U.K.) Ltd v. Morts 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. 2 comes out a different way based on different lawyering. 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. Contributory negligence on the part of the dock owners was also relevant in the decision, … 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. 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. View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. 1, Polemis would have gone the other way. The Polemis rule, by substituting “direct” for “reasonably foreseeable” consequence leads to a conclusion equally illogical and unjust’. (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. Zillow has 1 homes for sale in Wagon Mound NM. Preview text The Wagon Mound principle. In essence, in negligence, foreseeability is the criterion not only for the existence of a duty of care but also for In this case, there was a construction work being done by post office workers on the road. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. Musu study Tort Law. Thus, by the rule of Wagon Mound No. 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. 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. Related Studylists. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. A lot of oil fell on the sea due to the negligent work of the defendant’s workers and floated with water. 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 Minister of Pensions v. Chennell [1947] 1 K.B. 'THE WAGON MOUND' I. 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