distinguished from fear This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Casebriefs is concerned with your security, please complete the following, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, I Agree to the End-User License Agreement, In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd, In re Arbitration between Polemis and Furness, Withy & Co., Ltd, In re Arbitration Between Polemis and Furness, Withy & Co., Ltd, Drawing a Line Somewhere: Proximate Cause. THE WAGON MOUND. Employees of the defendant had been loading cargo into the underhold of a ship when they negligently dropped a large plank of wood. Rest of directness was applied. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). The construction work was covered with tents and there were also paraffin lamps around the tents. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down … In Re Polemis case court rejected tests of reasonable foresight and applied tests of directness. appropriate case law and to evaluate whether this premise is indeed correct. apprehension Ltd. v. Morts Dock & Engineering Co., Ltd. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (Wagon Mound (No. Synopsis of Rule of Law. The Wagon Mound (No.1) [1961] Uncategorized Legal Case Notes August 26, 2018. Blyth v. Birmingham Waterworks Co. Here defendant was held liable although he cannot reasonably foresee. Wagon Mound Case A vessel was chartered by appellant. The" Wagon Mound" unberthed and set sail very shortly after. The Court of Appeal held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. Rest of directness was applied. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound (No 1)) [1961] AC 388 D’s vessel leaked oil that caused fire. Atlantic Coast Line R. Co. v. Daniels (1911) Instead, the court adopted a new test: Ex ante, before the accident happens, what would a reasonable person foresee as the kinds of harms that might occur stemming from that negligent conduct? Morts. Polemis and Boyazides are ship owners who chartered a ship to Furness. You may wish to consider whether these tests bring significantly different outcomes. Cmty. But after appeal, The Privy Council decided that the Test of directness is no good law and applied Test of reasonable foresight and held appellant not liable.” />In this lesson we will learn about remoteness of damage. attempted battery distinguished Borders v. Roseb ... Index website. complaint for 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. THE CAUSATION ENIGMA. Wagon Mound Case A vessel was chartered by appellant. ... TABLE OF CASES The original test was directness (Re Polemis) but following Wagon Mound No 1 (briefly described) causation will be established by damage which is ?reasonably foreseeable?. The exact way in which damage or injury results need not be foreseen for liability to attach, the fact that the negligent act caused the result is enough. conditional threats Baxter v. Ford Motor Co. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email For testing Remoteness of damage there are two tests. The fact that the damage actually caused was not the damage anticipated does not alter the liability for a negligent act so long as that damage is a direct result of the negligent act and not the result of an independent cause. While discharging cargo from a ship, a wooden plank fell causing a spark to ignite the petrol the ship carried. 1)). If the negligent act would or might probably cause damage, the fact that the damage it in facts causes is not the exact kind of damage one would expect is immaterial, so long as the damage is in fact directly traceable to the negligent act. SAMPLE. 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