In essence, in negligence, foreseeability is the criterion not only for the existence of a duty of care but also for 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. Contributory negligence on the part of the dock owners was also relevant in the decision, … 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. Wagon Mound (No. In Wagon Mound No. 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). XII. (discussed by Professor Goodhart in his Essays, p. 129), Donoghue v. The Wagon Mound principle. Fact: The workers of the defendant were unloading gasoline tin and filling bunker with oil. 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. (as he then was) said: "Foreseeability is as a rule vital in cases of contract; and also in cases of negligence, whether it be foreseeability in respect of the person injured as in Palsgref v. Long Island Rly. Related Studylists. Preview text The Wagon Mound no 1 [1961] 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. [The Wagon Mound represents English law. 'THE WAGON MOUND' I. View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. Wagon Mound No. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. 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. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. The construction work was covered with tents and there were also paraffin lamps around the tents. In Minister of Pensions v. Chennell [1947] 1 K.B. TORT LAW Revision - Summary Tort Law 1.9 Pure Economic loss - Tort Law Lecture Notes Sample/practice exam 2017, questions Tort Breach of Duty Summary Tort Duty of Care Exam summary Chapter 2 Negligence Notes. Zillow has 1 homes for sale in Wagon Mound NM. Thus, by the rule of Wagon Mound No. 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. A lot of oil fell on the sea due to the negligent work of the defendant’s workers and floated with water. 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. The Polemis rule, by substituting “direct” for “reasonably foreseeable” consequence leads to a conclusion equally illogical and unjust’. 253 Denning J. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. 1, Polemis would have gone the other way. 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