trailer 0000003089 00000 n 0000007028 00000 n 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 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. The ship was being loaded at a port in Australia. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound (No 1)) AC 388 D’s vessel leaked oil that caused fire. 143 0 obj<>stream The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. 0000007122 00000 n 1) [1961]. In 1961, in Overseas Tankship (U.K.) Ltd-, v. Morts. Sparks from the welders ignited the oil, destroying the Wagon Mound and the two ships being repaired. This development clearly favoured defendants by placing a foreseeability limitation on the extent of their potential liability. At first instance (arbitration), it was held that the reasonable unforeseeability of the outcome meant that the defendant was not liable for the cost of the ship. re Polemis – any damage foreseen Wagon Mound 1 – type of harm Hughes v L Advocate – method unseen but PI Jolley v Sutton – method unseen but type foreseen Tremain v … The" Wagon Mound" unberthed and set sail very shortly after. 0000008953 00000 n Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. xref 123 0 obj <> endobj Cancel Unsubscribe. Though the first authority for the view if advocating the directness test is the case of Smith v. The plaintiffs are owners of ships docked at the wharf. The Wagon Mound is the accepted test in Malaysia, approved in the case of Government of Malaysia v … Polemis and Boyazides are ship owners who chartered a ship to Furness. Can a defendant be held liable for outcome of events entirely caused by their (or their agents’) actions, but which could not have been foreseen by either the party in question or any other reasonable party. Overseas Tankship chartered the ‘Wagon Mound’ vessel, which was to be used to transport oil. Free resources to assist you with your legal studies! The plank struck something as it was falling which caused a spark. 0000002997 00000 n 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach Re Polemis was a COA decision and in principle binding upon the lower court; the Privy Council decision had only persuasive authority. Wagon Mound (No. … x�b```"9����cb�~w�G�#��g4�����V4��� ��L����PV�� It is inevitable that first consideration should be given to the case of In re Polemis & Furness Withy & Company Ltd. [1921] 3 K.B. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) 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 doing so, they held that In Re Polemis should no longer be regarded as good law. 0000005064 00000 n Re Polemis has yet to be overruled by an English court and is still technically "good law". It will be shown below5 that although by the time of its " overruling" in The Wagon Mound (No. 1 Re Polemis Question 13 Why did the plaintiffs in Wagon Mound No 1 concede from LAWS 6023 at The Chinese University of Hong Kong 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. 5 There was, of course, the binding decision by the Court of Appeal in Re Polemis & Furniss. Registered Data Controller No: Z1821391. startxref 4. 21st Jun 2019 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. 2) [1967] Thoburn v Sunderland City Council [2002] Thomas v Clydesdale Bank [2010] Thomas v National Union of Miners [1986] Thomas v Sawkins [1935] Thomas v Sorrell (1673) 560 which will henceforward be referred to as "Polemis ". Hewitt and Greenland v. Chaplin. Loading... Unsubscribe from Kalam Zahrah? 0000001226 00000 n View In re Polemis and Overseas Tankship v. Morts Dock .docx from LAW 402A at University Of Arizona. The Privy Council’s judgment effectively removed the application of strict liability from tort law that was established in Re Polemis (1921) below. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. Re Polemis & Furness Withy & Company Ltd. [1921] 3 KB 560 Some Stevedores carelessly dropped a plank of wood into the hold of a ship. VAT Registration No: 842417633. 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 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. Decision and in principle binding upon the lower court ; the arguments of both sides are summarised Lord. Mound made no difference to a case such as this, furnace oil was into... Arguments of both sides are summarised by Lord Parker at pp please select a referencing stye below: Our writing! 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