2 comes out a different way based on different lawyering. In Minister of Pensions v. Chennell [1947] 1 K.B. Wagon Mound (No. In Wagon Mound No. The fact of the case: âWagon Moundâ actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (1961). 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. Musu study Tort Law. In essence, in negligence, foreseeability is the criterion not only for the existence of a duty of care but also for 1, Polemis would have gone the other way. 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. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. [The Wagon Mound represents English law. (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. In this case, there was a construction work being done by post office workers on the road. Wagon Mound No. Preview text View listing photos, review sales history, and use our detailed real estate filters to find the perfect place. 'THE WAGON MOUND' I. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. Contributory negligence on the part of the dock owners was also relevant in the decision, ⦠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. 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. Zillow has 1 homes for sale in Wagon Mound NM. The Wagon Mound principle. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. 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. 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. It is a key case which established the rule of remoteness in negligence. The above rule in Wagon Moundâs case was affirmed by a decision of the House of Lords in the case of Hughes vs Lord Advocate (1963) AC 837. 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. XII. But, on 18 January 1961, the Judicial Committee of the Privy Council handed down its judgment in Overseas Tankship (U.K.) Ltd v. Morts (discussed by Professor Goodhart in his Essays, p. 129), Donoghue v. The Polemis rule, by substituting âdirectâ for âreasonably foreseeableâ consequence leads to a conclusion equally illogical and unjustâ. 253 Denning J. 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. Related Studylists. 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