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. Held: Wagon Mound made no difference to a case such as this. 1) [1961]. 'THE WAGON MOUND' I. 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. 1) [1961] A.C. 388. This is no more than the old Polemis principle [1921] 3 K.B. 68 [1966] 3 W.L.R. 1, Polemis would have gone the other way. Ltd . 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. 67 [1940] 1 K.B. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down … Re Polemis has yet to be overruled by an English court and is still technically "good law". 404 (Privy Council Austl.)). the wagon mound (no area of law concerned: negligence court: date: 1961 judge: viscount simons counsel: summary of facts: procedural history: reasoning: while The ensuing explosion caused a fire which destroyed the ship. The impact of the plank in the hold caused a spark which ignited petrol vapour which had accumulated in the hold. Palsgraf v. … Detailed Explanation with relevant and landmark case laws explained with facts. Cf. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. 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. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, [1] commonly known as Wagon Mound (No. The test in the Wagon Mound case28 was further explained in Overseas Tankship (U.K.) Ltd . Wagon Mound Case. The" Wagon Mound" unberthed and set sail very shortly after. Wagon Mound 2: remote foreseeability 4. 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 re Arbitration Between Polemis and Furness, Withy & Co., Ltd; Overseas Tankship v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council [2] held that a party can be held liable only for loss that was reasonably foreseeable. In Wagon Mound, the π had to light the fire. 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) Here Polemis says that the defendant was responsible for all the conse-quences of his negligent act and therefore held them in that case to have been the direct result of the act whether reasonably foreseeable or not. Therefore, both tests may still be applied although courts have tended to use the approach taken in the The Wagon Mound. Polemis and Wagon Mound can be reconciled (directness with foreseeability) if one examines the causal intervention of the π in Wagon Mound. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. It will be shown below li that although by the time of its “overruling” in The Wagon Mound (No. the Wagon Mound case with reference to the Polemis case. Privy Council disapproved of Re Polemis. A.C. 956 considered; Polemis and Furness Withy & Co Ltd, Re [1921] 3 K.B. After consultation with charterers of Wagon Mound, MD Limited’s manager allowed 1) [1961] 1 All E.R. Co. Ltd., also popularly known as the Wagon Mound Case. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961] 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. The Wagon Mound (No 1) [1961] decision, did not explicitly overrule the Re Polemis and Furness, Withy & Co [1921] test. 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. 560 which will henceforward be referred to as "Polemis ". 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. DIRECT CONSEQUENCES Re Polemis (footnote n.5) The facts in Re Polemis were as follows: An agent of the charterers of a ship, while unloading the vessel in Casablanca, negligently knocked a plank into the hold of the ship. Legal issues. Wagon Mound Case: The Re-affirmation of the Test of Reasonable Foresight. 5. 4. 2). Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as 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. 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. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Polemis and Boyazides are ship owners who chartered a ship to Furness. 229. Facts. Background facts. A vessel was chartered by appellant. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. 2" Yun v. Ford Motor Co647 A.2d 841 (1994). Thus, by the rule of Wagon Mound No. The construction work was covered with tents and there were also paraffin lamps around the tents. Wagon Mound 1: reasonable foreseeability 3. In re Polemis 3 K.B. In Polemis, there was no intervention between the dropping of the board and the explosion. 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. Wagon Mound No. although by the time of its " overruling" in The Wagon Mound (No. In doing so, they held that In Re Polemis should no longer be regarded as good law. 2 comes out a different way based on different lawyering. In Wagon Mound No. 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. at p. 508. Owners of the ship Thrasyvoulos sought to recover . The Wagon Mound is one of the classic proximate cause cases in Anglo-American law (Overseas Tankship (UK), Ltd. v. Morts Dock & Eng’g Co. (The Wagon Mound No. v. The Miller Steamship Pty. 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. For the reason that most of the criticism of Re Polemis that eventually led to its removal from the law was based on historical misconceptions. i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. Harwood Ch. Ltd. (The Wagon Mound (No. 1), Re Polemis had indeed become a " bad " case laying down an inappropriate rule, these misconceptions about why the rule was undesirable led to a reformulation of the law that was inevitably prone to the same criticisms that had given rise to it. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. 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. Polemis: Direct cause/ chain unbroken 5. 1) except that in No. Judges: Viscount SimondsSimonds, ViscountLord ReidReid, LordLord RadcliffeRadcliffe, LordLord Tucker-Tucker, LordLord Morris of Borth-y-GestMorris of Borth-y-Gest, Lord 1961 WL 20739 Page 1 Why, then, yet another paper on this now-defunct case? The initial injury (the burn) was a readily foreseeable type and the subsequent cancer was treated as merely extending the amount of harm suffered. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach 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 this case, there was a construction work being done by post office workers on the road. 11. 560not followed. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd; Overseas Tankship v. Morts Dock & Engineering Co., Ltd. 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