Due to the defendant’s negligence, furnace oil was discharged into the bay causing minor injury to the plaintiff’s ships. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 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. 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 & 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. Spread led to MD Limited’s wharf, where welding was in progress. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Do you have a 2:1 degree or higher? Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. The" Wagon Mound" unberthed and set sail very shortly after. Re Polemis should no longer be regarded as good law. This is no more than the old Polemis principle [1921] 3 K.B. 4 [I9621 2 Q.B. Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. As it fell, the wood knocked against something else, which created a spark which served to ignite the surrounding petrol fumes, ultimately resulting in the substantial destruction of the ship. Hewitt and Greenland v. Chaplin. Re Polemis has yet to be overruled by an English court and is still technically "good law". 560, except that “kind of damage” has now to be understood in the light of the interpretation in The Wagon Mound (No. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. Re Polemis & Furness Withy & Company Ltd. [1921] 3 KB 560 Some Stevedores carelessly dropped a plank of wood into the hold of a ship. 0000001802 00000 n 1) (1961) was the Australian tort appeal case from the New South Wales Supreme Court that went all the way to the Privy Council in London. 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. 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. 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. Wagon Mound (No. The initial injury (the burn) was a readily foreseeable type and the subsequent cancer was treated as merely extending the amount of harm suffered. 146, 148. Registered Data Controller No: Z1821391. %PDF-1.6 %���� 0000001712 00000 n 1) [1961]. 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. 0000001893 00000 n See also James, Polemis: The Scotch’d Snake C19621 J.B.L. 0000001144 00000 n ��ζ��9E���Y�tnm/``4 `HK`` c`H``c rTCX�V�10�100����8 4�����ǂE"4����fa��5���Lϙ�8ؘ}������3p1���0��c�؁�ـ$P�(��AH�8���S���e���43�t�*�~fP$ y`q�^n � ��@$� � P���� �>� �hW��T�; ��S� ... Ltd v Morts Dock and Engineering Co 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 %%EOF Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. In re Polemis 3 K.B. The Wagon Mound is the accepted test in Malaysia, approved in the case of Government of Malaysia v … This development clearly favoured defendants by placing a foreseeability limitation on the extent of their potential liability. 4. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. The crew had carelessly allowed furnace oil … Privy Council disapproved of Re Polemis. Overseas Tankship chartered the ‘Wagon Mound’ vessel, which was to be used to transport oil. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. VAT Registration No: 842417633. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down its judgment in Overseas Tankship (U.K.) Ltd v. 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. Polemis and Boyazides are ship owners who chartered a ship to Furness. The Court of Appeal adopted a strict liability approach to causation and assessing liability here and subsequently held that the defendant was liable for all of the consequences that had resulted from their negligent actions. 123 21 The fire spread rapidly causing destruction of some boats and the wharf. 0000008055 00000 n Held: Wagon Mound made no difference to a case such as this. 0000007122 00000 n versal application. 0000001226 00000 n View In re Polemis and Overseas Tankship v. Morts Dock .docx from LAW 402A at University Of Arizona. Re Polemis was a 1921 decision of the English Court of Appeal. The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. Dock and Engineering Co. (usually called the Wagon Mound Case1) the Privy Council rejected the rule pronounced in In re Polemis and Furness, Withy & Co.2 and re-established the rule of reasonable … The Wagon Mound … 0000002997 00000 n Wagon Mound Case A vessel was chartered by appellant. Though the first authority for the view if advocating the directness test is the case of Smith v. 0000005984 00000 n The plank struck something as it was falling which caused a spark. trailer Loading... Unsubscribe from Kalam Zahrah? 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) 560 which will henceforward be referred to as "Polemis ". A claimant must prove that the damage was not only caused by the defendant but that it was not too remote. 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. 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