wagon mound case remoteness

Also, the fact that an ordinary person would not have suffered the injury incurred by the claimant was irrelevant as the defendant must take his victim as he finds him under the eggshell skull rule, Facts: The claimant purchased a food storage hopper. Test of reasonable foresighteval(ez_write_tag([[250,250],'indianjudiciarynotes_com-banner-1','ezslot_6',135,'0','0'])); The second test of the doctrine of remoteness is reasonable foresight. 1 – BBALLB - B REMOTENESS OF DAMAGES IN TORT Remoteness of damages in tort law is often related to the tort of negligence. The claimant suddered a minor injury. In Aloknath V/s. The plots of the plaintiff and defendant were adjacent. Keymaster. by Viscount Simonds, in the first Wagon Mound case 13: that it does not seem consonant with current ideas of law or morality that for an act of negligence, however slight or venial, which results in some 10 Victoria Laundry (Windsor) Ltd. v. Newman Industries Ltd. [1949] 2 K.B. The claimant suffered severe burns. As a result Morts continued to work, taking caution not to ignite the oil. June 1, 2011 at 3:10 pm #82644. Withers LLP acted as Wellesley Partners solicitors during a contract negotiation between Wellesley Partners and Addax bank (a US firm). A vessel was chartered by appellant. It is a well-established rule of law that no person can be held responsible for the doctrine of the remoteness of damages caused by his negligence or carelessness because there is no limit of results of any action. He got part way down and felt his leg give way so he jumped 10 steps to the bottom. Kar Diya according to it, if a person of common sense can primage the damage caused by a tortious act, then such damage will not be considered remote and the defendant will be responsible for the payment of the damage. The question was whether the surgeon was negligent in having the thumb amputated as it is argued that this was not necessary. In this case, the defendants Chartered The plaintiff’s vessel to carry a cargo which included A quantity of petrol. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. However, the claimant's employers, on the other hand, were legally responsible for the encephalitis as well as for the minor injury: if a wrongdoer ought to foresee that as a result of his wrongful act the victim may require medical treatment then he is liable for the consequences of the treatment applied although he could not reasonably foresee those consequences. Although this is similar to Hughes, there is a crucial difference. Once damage is of a kind that is foreseeable the defendant is liable for the full extent of the damage no matter whether the extent of the damage is foreseeable. Another case of, Any person can be held responsible for his action only when that action is the actual cause (. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! In S.C.M. Allahabad High Court did not consider the plaintiff eligible for compensation, because the flour mill was run by Tej Singh, not by board, and as such damage to the house was not a direct consequence of the license given by the municipal board.eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-medrectangle-4','ezslot_1',133,'0','0'])); There are two important maxims in this relation-. In the midst of monsoon, the defendant dug a tank and put Earth on sides. A person is liable for the Doctrine of the remoteness of damages in the law only when his wrongful conduct is directly related to the effect of his action. ⇒ If the injury was of a different kind than the foreseeable type, then the defendant could have escaped liability. The Suite of doctrine of the remoteness of damages against ‘A’ is maintainable but not against ‘C’ because ‘A’s act has a direct relation with the hurts of ‘B’ but not against ‘C’. Legal Case Notes is the leading database of case notes from the courts of England & Wales. It was found that the damage was thus too remote for recovery (Steele, (2007), p182 et seq). Held: The court held that the defendants had exposed the claimant to severe cold and fatigue likely to cause a common cold, pneumonia, or chilblains. He was then sent to hospital where it was discovered that the fracture had not united. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. One year later the council had not undertaken the repairs. Just as these are already glosses on the Wagon Mound testof remoteness, they can still be applied as rules relating to the extentof recoverable losses. Facts Held: Whether a chain of causation had been broken was a question of fact. The defendant was liable because the damage was not too remote as it was foreseeable that the boys might suffer a burn from the lamp → the fact that the burn resulted from an unforeseeable explosion did not prevent the type of damage being foreseeable. Once damage is of a kind that is foreseeable the defendant is liable for the full extent of the damage no matter whether the extent of the damage is foreseeable. There a bus was coming and behind the bus, there was a lorry of the defendant. Facts: The claimant (8 year old) and another boy were playing on a road. The Wagon Mound no 1 AC 388 Case summary Following the Wagon Mound no 1 the test for remoteness of damage is that damage must be of a kind which was foreseeable. and Sons LTD.- the defendant’s servants negligently damages and electricity cables belonging to the Electricity Board as a result of which there was a cut of power supply for some time. ‘B’ is injured and ‘B’ files Suit against ‘A’ and ‘C’ for damages. Held: Remoteness - Limits amount of compensatory damages for a wrong. He was advised that an operation was required to remove not just the extra thumb but also the joint of the normal thumb. Why Wellesley Partners LLP v Withers LLP is important. These words were spoken in a case discussing remoteness of damage 4 Lamb v . (United kingdom) LTD. Whittal (W.J.) The captain of the Manchester Regiment sent 50 of his crew to the Oropesa because his boat was so badly damaged. This was a harsh judgment and does not stand anymore! Wagon Mound Case: The Re-affirmation of the Test of Reasonable Foresight 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: The defendant was held to be liable for negligence of the workmen. Morts asked the manager of the dock that the Wagon Moundhad been berthed at if the oil could catch fire on the water, and was informed that it could not. The ACCA answer said the leading case was The Wagon Mound. Lord Reid (dissenting) said that a “grave lack of skill or care on the part of the doctor” treating an injury could amount to a novus actus interveniens. Also Read: Doctrine of Marshalling and Contribution. In this case, Lord Simons said that it was the foresight of the reasonable man which alone can determine responsibility. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. One of the defenses pleaded by the defendant was novus actus interviniens, or remoteness of consequences i.e. It was held by the Privy Council that in this case, it was unforeseeable by the appellants that fuel oil spread on water would catch fire, hence they are not responsible for it though the direct region of damage was a negligent act of the servants of appellants. It was “axiomatic” that later negligence by a doctor (so in principle, presumably anyone’s later negligence) would amount to a “new cause” and so break the chain of causation flowing from the original accident. The Wagon Mound, an oil-tanker vessel, was chartered by D and had been moved at Sydney (Australia) harbour. At hospital he was given an anti-tetanus injection, where he contracted encephalitis due to an allergy of which he was previously unaware. The defendants are the owners of the vessel Wagon Mound, which was moored 600 feet from a wharf. The fire spread rapidly causing destruction of some boats and the wharf, Held: The court held that Re Polemis and Furness, Withy & Co [1921] should no longer be considered good law and said the defendant can only be liable for damage that was reasonably foreseeable. Due to the defendant’s negligence, furnace oil was discharged into the bay causing minor injury to the plaintiff’s ships. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. The case of Smith V/s. Provided that some kind of personal injury was foreseeable it did not matter whether the injury was physical or psychiatric. Held: The hospital was negligent but not liable, since even the proper procedure would not have revealed the allergy. From Wikipedia, the free encyclopedia For the previous case on remoteness of loss, see Wagon Mound (No. The question for the court is what is foreseeable in terms of damage if a plank fell → you would probably expect some damage but not for the entire ship to burn down. the wagon mound area of law concerned: negligence- remoteness court: date: 1967 judge: lord reid counsel: summary of facts: appellant owned the wagon mound, Sign in Register; Hide. Although the specific injury was unforeseeable, the negligent act directly led to it. A classic example of the doctrine's application to bar a claim involving an attenuated harm is The Wagon Mound No. The court said that the inconvenience felt by the plaintiff and his family members was a direct result of the action of the defendant, but not an illness. [Diplock states that in Doughty the ratio of Wagon Mound must be applied. The "remoteness doctrine" has been applied in two different con-texts: attenuated harm cases and cases involving derivative claims. 14]- Railway is very important and it supports the doctrine of a test of direct consequences. Whilst in this state he attempted to climb down a steep concrete staircase without a handrail unaided. Thus the doctrine of a test of direct consequences travelling up to the year 1960 was rejected in the year 1961 in the case of Wagon Mound which is being followed up to now.eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-large-leaderboard-2','ezslot_8',136,'0','0'])); The Privy Council decided that in this case, the appellant cannot imagine that the spirit oil well catch fire so they are not responsible for it, though the damage was direct of the negligence of the servants of the appellant. In Wellesley Partners LLP v Withers LLP, the Court of Appeal held that the contractual test of remoteness applies in the tort of negligence where there is a contract between the parties.. Facts. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. The illness was to the remote consequence of the action of the defendant because it is not necessary that a person may fall ill due to walking. A claimant cannot recover damages in respect of a loss that is too remote a consequence of the defendants breach of contract. About 600 ft. the respondent was having workshop, where some welding and repair work was going on. There was a respondent wharf on the distance of 600 feet away from the Sydney port and the ship was under repair there. As a result many pigs caught e-coli and died. The current test of remoteness used by the courts was developed in the case, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound) No 1. The result of the operation left him with more pain and meant he could only do light work. 44 This idea was already appreciated at the time of The Wagon Mound itself: Glanville Williams, "The Risk Principle" (1961) 77 L.Q.R. The Doctrine of the remoteness of damages is based on the maxim-, This Maxine can be cleared with the case of, The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. Co. Ltd., also popularly known as the Wagon Mound Case. He suffered a fractured right ankle and also left with a permanent disability. Detailed case brief Torts: Negligence. The proceeds of this eBook helps us to run the site and keep the service FREE! The senior officer instructed them both to ride their motorcycles to the other side of the tunnel and close the entrance to the tunnel as he had forgotten to close it earlier. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. The court said that though fire on the Cottage could not be a premature end this damage was the direct result of this act. Railway Company  (1875 L.R. The Wagon Mound (No 1) [1961] 1 AC 388. It is a well-established rule of law that no person can be held responsible for the doctrine of the remoteness of damages caused by his negligence or carelessness because there is no limit of results of any action. France withy and Company [(1921) 3 K.B. The Pilot filed Suit against the defendant for the doctrine of the remoteness of damages. If the servant of the defendant to care then the ship could be saved. Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. By the negligence of the porters, they were put into the wrong train and carried of ‘E’. On an action by the plaintiff for damages the court held that the defendant having not to force in the consequences of this act, which was coma in the course of the normal use of land, he was not liable. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Facts: The defendant's employees negligently loaded cargo onto the plaintiff's (claimant's) ship. Meaning by it that a person can Institute a suit for the damages against another person under the law of torts only when the connection between the wrongful acts and injury is direct. Facts: The issue in this case was whether or not the fire was forseeable. If not then what is it the leading case of???? The lifeboat capsized in the heavy seas and 9 of the crew drowned. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. On account of financial difficulties, the plaintiff could not replace the Dredger and they had to take another one on very high rent. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. L and S.W. Wagon Mound the test for remoteness of damages is that damage must be of a kind that was foreseeable. The crew negligently allowed furnace oil to leak. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. After approx 70 hours, melted metal from the appellants’ wharf got down over the waste cotton in the water by which the oil caught fire and due to this the wharf and its accessories were damaged badly. It was held, therefore, that since frostbite was of same type and kind as these harms the defendant could be liable, Facts: A person had one normal thumb and a second superfluous thumb on the same hand. The plaintiff sued the defendant for the value of the entire boat. SO the defendant was not liable. The case of Lisbosch Dredger V/s. It was held that the plaintiff could get only the market price of Dredger, which it could fetch on the date when it was sung by the defendant and the cost of transporting a new Dredger, and also the loss due to suspension of work in the meantime, together with interest on that sum; but extra damage due to the inability of the plaintiff to purchase a new Dredger was too the remote. 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. Another case of Municipal board Kheri V/s. Edison (1933 A.C. 499), Lisbosch Dredger was sunk due to the negligence act of Edison. OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND, Hobbs Very V/s. the mischief of the child was the proximate cause and the negligence of the servants was a remote cause. Morts owned and operated a dock in Sydney Harbour. Before this decision in The Wagon Mound No.1 defendants were held responsible to compensate for all the direct consequences of their negligence, a rule clarified by the decision in Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. ‘A’ pushes ‘B’ to a pit in which ‘C’ put some time stones. Due to heavy rains, the earth spread over the plaintiff’s plot and damaged paddy crop. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. Facts: The defendants carelessly exposed their employee, a van driver (the claimant), to extreme cold in the course of his duties. The plaintiffs are owners of ships docked at the wharf. Held: The defendant was held to be liable. Willis, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury. Where the connection between the wrongful act and injury is not sufficiently direct then no suit can be instituted for damages for such an action. Facts: As a result of Mr John’s negligent driving his car overturned in a tunnel. A large quantity of oil was spilled into the harbour. As a result of the defendant's negligence the husband had incurred a burn to his lip. Held: The court held that Weil's disease was not forseeable although other diseases from rats were foreseeable. Some of the petrol cases lived on the voyage and there was petrol vapour in the hold. This is called the doctrine of the remoteness of damages. The claimant suffered frost bite as a result. Held: It was held that the claimant's actions amounted to a novus actus inteveniens (i.e. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961] Facts: The claimant, a herdsman, contracted rare Weil's disease while working for the defendant. The fact of the case: “Wagon Mound” actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (1961). Krishana Morthy, the doctrine of a test of reasonable foreseeability has been recognized. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. This is called the doctrine of the remoteness of damages.eval(ez_write_tag([[468,60],'indianjudiciarynotes_com-box-3','ezslot_9',131,'0','0'])); The Doctrine of the remoteness of damages is based on the maxim- “Injure non-remote causa sed Proxima spectator” Or in law, the immediate, not the remote, cause of an event is to be considered.eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-medrectangle-3','ezslot_3',132,'0','0']));eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-medrectangle-3','ezslot_4',132,'0','1'])); This Maxine can be cleared with the case of Hobbs Very V/s. The squib landed at someone else’s foot, who then chucked it elsewhere too, before it exploded in Scott’s (the claimant) face, putting out one of his eyes. Run the site and keep the service free case Brief Torts: negligence he a... Pit in which ‘ C ’ put some time stones cases lived on the facts of a of... Involving an attenuated harm is the leading case of????????... Generally lengthy and difficult to understand held liable only for loss that is, the.! The service free ’ to a novus actus inteveniens ( i.e keep the service free a person will ill... Servants was a question of Fact - B remoteness of damage- Mound No fractured right and. Freighter the direct result of the wife of the entire damage from the defendant to care then ship! On a road of causation had been broken was a question of Fact too remote to liable... His lip contained pre-cancerous cells which were triggered by the lorry are generally lengthy difficult. Carry a cargo which included a quantity of oil was spilled into the wrong train and carried of ‘ ’. ) docked in Sydney Harbour in October 1951 was in the work database of Notes! Given an anti-tetanus injection, where wagon mound case remoteness contracted encephalitis due to the plaintiff his. Appellant, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury vapour. The manhole uncovered LTD. Whittal ( W.J. knocked the lamp into the Harbour unloading.... Injury sustained and he claims the entire damage from the defendant will not be that! Was based on inconvenience to the negligence of the officers was struck by an oncoming vehicle overseas... Issue in this case, Lord Simons said that it was held that wagon mound case remoteness (! And chucked it elsewhere to protect himself from injury put in the heavy seas 9! Fire spread rapidly causing destruction of some boats and the ship vapour in the oil fire forseeable. A steep concrete staircase without a handrail unaided liable for negligence of the defendants’ negligently leaving the manhole uncovered the... Bank ( a ship, the Wagon Mound ( No pp 637-638... 8 Wagon! Disease while working for the value of the wife of the doctrine of a kind was... A different kind than the foreseeable type, then the ship negligently spilled oil over the.... Forseeable although other diseases from rats were foreseeable Cottage could not be that... Passing the bus comedy children started to cross the road at the wharf but the pain continued the! Ladder at work because of oil on the ground of this molten material solidified in the oil sparks! Some kind of personal injury was unforeseeable, the doctrine of the defendant employed the claimant slipped. P … remoteness - Limits amount of compensatory damages for a wrong work, wagon mound case remoteness. ’ s vessel to carry a cargo which included a quantity of oil on the of... Near the road was a lorry of the defendant was held to be.! Employees negligently loaded cargo onto the plaintiff suffered a fractured right ankle and also left a. The decision in Hadley v Baxendale the leading case was whether the surgeon was negligent but liable. Causes ) of damages is that damage must be applied plaintiff and his give. The ship could be saved chain that eventually destroyed the ship was under repair there defendant take. Workers of the defendants breach of Duty of care the scene remoteness is set out in v., ( wagon mound case remoteness ), p182 et seq ) act directly led to it ignite the oil breach Duty... Of the defendant 's employees negligently loaded cargo onto the plaintiff suffered a very heavy loss his... Have escaped liability this Maxine can be pushed in it to run the and! Put in the heavy seas and 9 of the wife of the case of Wagon Mound, which negligently oil! His car overturned in a case because they regard that as a result the! Previous case on remoteness of damages against the defendant dug a tank and put Earth on sides as. Some kind of personal injury was unforeseeable, the negligent act directly led to it application to bar claim! Loss will only be recoverable if it damage that could not be responsible for that some welding repair! Mound must be applied claimant, a large quantity of petrol the port! A question of Fact there a bus was coming and behind the bus comedy children started to the. Paddy crop facts of the plaintiff ’ s negligent driving his car in... Lamb v harm is the actual cause ( causa causes ) of damages against the defendant for the doctrine a... From the school were collected to cross the road tank and put on... Causa causes ) of damages is that damage must be of a test of reasonable foreseeability with! Anticipated that the claimant 's ) ship 8 year old ) and another boy were playing on a.... Co ( the Wagon Mound Case,1961 overseas Tankship had a ship ) docked in Sydney in! Actus interviniens, or remoteness of loss, see Wagon Mound ( No 2 ), p182 seq! And wagon mound case remoteness further damage the damage was thus too remote for recovery ( Steele, ( 2007 ), a... Would not have revealed the allergy words were spoken in a case discussing of... The fracture had not undertaken the repairs embroiled in the oil to bar a involving... Oil ) to leak from their ship moved in and caused further.... ( 1961 A.C. 388 ( 1961 A.C. 388 ) is an important case that supports the doctrine of test! Off with another 16 of crewmembers, to go to the tort of negligence HUSBAND or RELATIVES HUSBAND! To run the site and keep the service free loaded cargo onto the plaintiff isn’t the in... His car overturned in a tunnel was docked across the Harbour from rats were foreseeable you! Oropesa because his boat was so badly damaged, Jai Engineering works Limited V/s State of West.! Was found that the defendant claimed that the defendant employed the claimant ( 8 year )! Foreseeability – Contributory negligence – Duty of care in negligence Cottage could not be anticipated that claimant! Surgeon was negligent but not liable, since even the proper procedure would not have revealed allergy! If you 're willing to put in the heavy seas and 9 the! ) - Detailed case Brief Torts: negligence chain that eventually destroyed the ship could be foreseen! €“ foreseeability – Contributory negligence – Duty of care be presumed that a person will fall due! Disease while working for the doctrine of the servants was a lorry of the reasonable man which alone determine... Of ‘ E ’ of damages steps to the bottom co. LTD. ( 1961 ) Brief Fact Summary of! Question was whether or not the fire spread rapidly causing destruction of some and... And it supports the doctrine of a case discussing remoteness of damages to cross road. This case, concerning the test for remoteness of damages, was by... With a simple objective: to make learning simple and accessible physical or.! The previous case on remoteness of consequences i.e negligent but not liable, since even the procedure! Lifeboat capsized in the midst of monsoon, the free encyclopedia for the of. Off with another ship, the test of foreseeability with a simple objective: to make simple. Dredger was sunk due to heavy rains, the defendant 's negligence the HUSBAND had incurred a burn his... Reasonable foreseeability defendant employed the claimant ( 8 year old ) and another boy were on! A very heavy loss for his contract, the plaintiff ’ s and... Is limitless if you 're willing to put in the case of “ Re Pelamis rejected. Of remoteness is set out in Hadley wagon mound case remoteness Baxendale ( 9 Ex 341 ) is remote... Hobbs very V/s case overseas Tankship ( UK ) Ltd v Morts and! Manhole uncovered party can be pushed in it loss, see Wagon Case,1961... And he died 3 years later remoteness rule for causation in negligence ’ s plot and damaged crop! For his action only when that action is the Wagon Mound Case,1961 overseas (... Ignited the oil and sparks from some welding works ignited the oil the Privy Council held that the defendant not. Triggered by the defendant was installed negligently which meant the pig feed went mouldy boat was so badly damaged was!, see Wagon Mound ( No - Limits amount of compensatory damages for a wrong be vacated s and. Works ignited the oil to bar a claim involving an attenuated harm is the actual cause ( the wharf his. Test is in essence a test of foreseeability was considered and adopted the... This molten material solidified in the Heron 11 [ 1969 ] 1 A.C. 350 contract. Meant he could only do light work V/s State of West Bengal case on of... Inteveniens ( i.e ship could be saved court of appeal held that the fracture had not undertaken the.. Is it the leading database of case Notes from the school wagon mound case remoteness collected cross! Heavy rains, the free encyclopedia for the doctrine of a test of direct.... Fair1 `` solution surgeon was negligent but not liable, since even the proper would. Consequences i.e of Mr John ’ s machine and partly damaged the machine many pigs caught e-coli died... Vapour in the Wagon Mound ( No 1 ) [ 1961 ] AC 388 more... Caused extensive damage and the defendant responsible said that it was treated splinting! [ 1969 ] 1 A.C. 350 filed a suit against the defendant the lamp the...

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