Legal issues. View In re Polemis and Overseas Tankship v. Morts Dock .docx from LAW 402A at University Of Arizona. 2" Yun v. Ford Motor Co647 A.2d 841 (1994). 'THE WAGON MOUND' I. Ltd . notes 17 and 33, ante. Wagon Mound 1: reasonable foreseeability 3. 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. (usually called the Wagon Mound case No. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Re Polemis was a COA decision and in principle binding upon the lower court; the Privy Council decision had only persuasive authority. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. It is inevitable that first consideration should be given to the case of In re Polemis & Furness Withy & Company Ltd. [1921] 3 K.B. In Polemis, there was no intervention between the dropping of the board and the explosion. Wagon Mound Case: The Re-affirmation of the Test of Reasonable Foresight. 1) except that in No. Spread led to MD Limited’s wharf, where welding was in progress. 1" Overseas Tankship Ltd. V. Miller Steamship Co. "Wagon Mound No. 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 6 Notes Morts owned and operated a dock in Sydney Harbour. 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. Co. Ltd., also popularly known as the Wagon Mound Case. 4. . at p. 508. Privy Council disapproved of Re Polemis. Detailed Explanation with relevant and landmark case laws explained with facts. the Wagon Mound case with reference to the Polemis case. In Wagon Mound No. Ltd. (The Wagon Mound (No. The construction work was covered with tents and there were also paraffin lamps around the tents. 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. 560, except that “kind of damage” has now to be understood in the light of the interpretation in The Wagon Mound (No. 29 The facts of this case were the same as in Wagon Mound (No. Owners of the ship Thrasyvoulos sought to recover Re Polemis has yet to be overruled by an English court and is still technically "good law". After consultation with charterers of Wagon Mound, MD Limited’s manager allowed The initial injury (the burn) was a readily foreseeable type and the subsequent cancer was treated as merely extending the amount of harm suffered. 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. 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. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down … 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. Palsgraf v. … 1, Polemis would have gone the other way. A.C. 956 considered; Polemis and Furness Withy & Co Ltd, Re [1921] 3 K.B. 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) 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. Remoteness; Judgment. Wagon Mound 2: remote foreseeability 4. 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. 1 the … The" Wagon Mound" unberthed and set sail very shortly after. 2). 1) [1961]. 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. 560 which will henceforward be referred to as "Polemis ". The Wagon Mound (No 1) [1961] decision, did not explicitly overrule the Re Polemis and Furness, Withy & Co [1921] test. 2. Wagon Mound Case. The impact of the plank in the hold caused a spark which ignited petrol vapour which had accumulated in the hold. In doing so, they held that In Re Polemis should no longer be regarded as good law. 67 [1940] 1 K.B. About 600 ft. the respondent was having workshop, where some welding and repair work was going on. Polemis: Direct cause/ chain unbroken 5. although by the time of its " overruling" in The Wagon Mound (No. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as 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. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach In re Arbitration Between Polemis and Furness, Withy & Co., Ltd; Overseas Tankship v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. 68 [1966] 3 W.L.R. the wagon mound (no area of law concerned: negligence court: date: 1961 judge: viscount simons counsel: summary of facts: procedural history: reasoning: while 1) [1961] A.C. 388. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961] Facts. 1) [1961] 1 All E.R. Cf. 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. v. The Miller Steamship Pty. 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. 11. 560not followed. 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. 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. 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. 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? 404 (Privy Council Austl.)). 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Polemis and Boyazides are ship owners who chartered a ship to Furness. The ensuing explosion caused a fire which destroyed the ship. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. The Wagon Mound is the accepted test in Malaysia, approved in the case of Government of Malaysia v Jumat bin Mahmud & Ors. Crude oil tanker Lucky Lady in shipyard in Gdańsk. Therefore, both tests may still be applied although courts have tended to use the approach taken in the The Wagon Mound. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. 2 comes out a different way based on different lawyering. In this case, there was a construction work being done by post office workers on the road. 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. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, [1] commonly known as Wagon Mound (No. Background facts. 229. In re Polemis 3 K.B. In Wagon Mound, the π had to light the fire. Held: Wagon Mound made no difference to a case such as this. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd; Overseas Tankship v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. ⇒A claimant must prove that the damage was not only caused by the defendant but that it was not too remote ⇒Historical position on remoteness: Re Polemis and Furness, Withy & Co [1921] ⇒The current law on remoteness: Overseas Tankship v Morts Dock (The Wagon Mound (No 1)) [1961] In essence, the position is that the defendant will only be liable for damage that is reasonably foreseeable Thus, by the rule of Wagon Mound No. A vessel was chartered by appellant. 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. It will be shown below li that although by the time of its “overruling” in The Wagon Mound (No. This is no more than the old Polemis principle [1921] 3 K.B. 5. 560 (1921) WHAT HAPPENED? A large quantity of oil was spilled into the harbour. Wagon Mound No. 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. i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. Harwood Ch. 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. 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. The test in the Wagon Mound case28 was further explained in Overseas Tankship (U.K.) Ltd . 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