Immediately on passing the bus comedy children started to cross the road at the moment a child was injured by the lorry. Willis, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury. Losses are recoverable: 1. Why Wellesley Partners LLP v Withers LLP is important. In this case, the workers of the defendant company left the grass on The Railway line after cutting it and it resulted that the grass caught fire and spread up to the Cottage of the appeal and which was at a distance of 200 yards. The court said that though fire on the Cottage could not be a premature end this damage was the direct result of this act. Since they were unable to obtain accommodation for the night at ‘E’ or a conveyance they walked home, a distance of 4 miles and the night being wet the wife got cold and medical expenses were incurred. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Keymaster. The claimant suffered frost bite as a result. Mortâs (P) wharf was damaged by fire due to negligence. Although this is similar to Hughes, there is a crucial difference. Guru Prasad- the test of foreseeability was considered and adopted. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. This case has been doubted as it appears to be inconsistent with Bradford v Robinson Rentals , but it has not been overruled. Facts: The issue in this case was whether or not the fire was forseeable. 179. In this case, the defendants Chartered The plaintiff’s vessel to carry a cargo which included A quantity of petrol. 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 plots of the plaintiff and defendant were adjacent. Facts: The claimant, a herdsman, contracted rare Weil's disease while working for the defendant. 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. The result of the operation left him with more pain and meant he could only do light work. It was treated by splinting but the pain continued. Court judgments are generally lengthy and difficult to understand. He strained his back and hips and his leg was prone to giving way. The Doctrine of the remoteness of damages is based on the maxim- âInjure non-remote causa sed Proxima spectatorâ Or in law, the immediate, not the remote, cause of an event is to be considered. Due to heavy rains, the earth spread over the plaintiff’s plot and damaged paddy crop. ⇒ If the injury was of a different kind than the foreseeable type, then the defendant could have escaped liability. He fractured the superfluous thumb whilst working. The claimant suffered severe burns. 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 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. France withy and Company [(1921) 3 K.B. The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. In S.C.M. Due to the defendantâs negligence, furnace oil was discharged into the bay causing minor injury to the plaintiffâs ships. This theory was rejected in the Wagon Mound Case 1960; there is a return to the old reasonable foresight test. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. 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. 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. The case of Smith V/s. At hospital he was given an anti-tetanus injection, where he contracted encephalitis due to an allergy of which he was previously unaware. 560]. The case of Lisbosch Dredger V/s. 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. 528. 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. 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). Facts: The issue in this case was whether or not the fire was forseeable. The case of Wagon Mound or Overseas TankShip (U.K.) LTD. V/s. Some of the petrol cases lived on the voyage and there was petrol vapour in the hold. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. L and S.W. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Another case of, Any person can be held responsible for his action only when that action is the actual cause (. 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.  2 K.B. 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. Held: The court held that Weil's disease was not forseeable although other diseases from rats were foreseeable. It was installed negligently which meant the pig feed went mouldy. There are two principles for tests of the remoteness of damage-. Ram Bharose (A.I.R. Held: It was held that the defendant was liable. It was found that the damage was thus too remote for recovery (Steele, (2007), p182 et seq). Facts London and South Western rail company [(1870) L.R.6 C.P. 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. Isnât the decision in Hadley v Baxendale the leading case for the remoteness test? OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND, Hobbs Very V/s. 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. On account of this molten material solidified in the plaintiff’s machine and partly damaged the machine. Although the specific injury was unforeseeable, the negligent act directly led to it. The test is in essence a test of foreseeability. Squatters had also moved in and caused further damage. Further, it cannot be presumed that a person will fall ill due to walking. This caused extensive damage and the property had to be vacated. SO the defendant was not liable. on the facts of a case because they regard that as a "fair1 " solution. FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. Facts: The claimant (8 year old) and another boy were playing on a road. The defendant claimed that the damage was too remote to be foreseeable. 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. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. the Manchester Regiment later sank. ‘B’ is injured and ‘B’ files Suit against ‘A’ and ‘C’ for damages. 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. Facts: A ship called The Oropesa was negligently navigated and collided with another ship, the Manchester Regiment. Also Read: Doctrine of Marshalling and Contribution. The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. It is a key case which established the rule of remoteness in negligence. The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. It was not necessary to show that death by cancer was foreseeable, nor that an ordinary person would not have died from the injury. Digestible Notes was created with a simple objective: to make learning simple and accessible. Facts: The defendant employed the claimant who slipped on a ladder at work because of oil on the step. Provided that some kind of personal injury was foreseeable it did not matter whether the injury was physical or psychiatric. Accordingly, in all the above cases, the test of direct consequences has been supported. The court did not accept the argument of the test of reasonable foresight. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. 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. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. The court said that said some form of illness was foreseeable from having mouldy pig food, even if e-coli and death was not foreseeable, so should be held liable (this is very similar to Hughes v Lord Advocate, but compare the case to Tremain v Pike). Facts: The claimant had suffered from Myalgic encephalomyelitis (ME) over a period of time and was in recovery when he was involved in a minor car accident due to the defendant's negligence. Withers LLP acted as Wellesley Partners solicitors during a contract negotiation between Wellesley Partners and Addax bank (a US firm). The main investigation for the test of remoteness of damage in cases of negligence in torts was the extent to which damage was as a result of breach of duty. Held: Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. Obviously, the plaintiff suffered a very heavy loss for his contract, and he claims the entire damage from the defendant. 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. Held: The hospital was negligent but not liable, since even the proper procedure would not have revealed the allergy. The plaintiff sued the defendant for the value of the entire boat. Relatives of the drowned seamen sued. A vessel was chartered by appellant. Near the road was a potthole with red paraffin warning lamps placed there. Wagon Mound Case. The court held the workers of the defendant Railway company responsible for damages. In Aloknath V/s. 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. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. The Wagon Mound (No 1)  1 AC 388. 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. The plaintiffs are owners of ships docked at the wharf. The court accepted the suit and said that the damage caused to the appellant was the direct result of the negligence of the servants of the defendant. If not then what is it the leading case of???? ⇒ Unreasonable actions would have broken the chain of causation → so if one of the lifeboat crew had drowned after deciding to swim to the Oropesa then the chain would have been broken and the owners of Oropesa would not have been liable for his death, ⇒ ‘To break the chain of causation it must be shown that there is…a new cause which disturbs the sequence of events, something which can be described as either unreasonable or extraneous or extrinsic.’ (Lord Wright at 39). As a result Morts continued to work, taking caution not to ignite the oil. This was a harsh judgment and does not stand anymore! Wagon Mound the test for remoteness of damages is that damage must be of a kind that was foreseeable. 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. 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. In this case, Lord Simons said that it was the foresight of the reasonable man which alone can determine responsibility. The Wagon Mound (No 1) (1961) The fact that some of the damage was foreseeable did not make the defendants liable for the unforeseen fire. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound)  AC 388. The case of Re Pelamis- with regard to this test the case of “Re Pelamis” is an important case. On account of financial difficulties, the plaintiff could not replace the Dredger and they had to take another one on very high rent. 11 In The Heron 11  1 A.C. 350. 107 Q.V 111). 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Railway Company, Jai Engineering Works Limited V/S State Of West Bengal. 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. [1967 2) A.C] . 1961 Allahabad 430), Ram Bharose blamed upon the municipal board that due to the board’s permission to Sardar Tej Singh to establish flour mill caused great damage to his house and he is eligible to get compensation from the board. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. From Wikipedia, the free encyclopedia For the previous case on remoteness of loss, see Wagon Mound (No. 1.2 In that case, a freighter 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. Held: It was held that there had been no break in the chain of causation by the action of throwing on the squib elsewhere: the actions were a foreseeable national consequence. ‘A’ pushes ‘B’ to a pit in which ‘C’ put some time stones. 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. 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. In the case of Re Pelamis V/s. The lifeboat capsized in the heavy seas and 9 of the crew drowned. A classic example of the doctrine's application to bar a claim involving an attenuated harm is The Wagon Mound No. There a bus was coming and behind the bus, there was a lorry of the defendant. 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. 617; Cambridge Water Co. v Eastern Counties Leather The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. the mischief of the child was the proximate cause and the negligence of the servants was a remote cause. In the midst of monsoon, the defendant dug a tank and put Earth on sides. 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-. He was advised that an operation was required to remove not just the extra thumb but also the joint of the normal thumb. He suffered a fractured right ankle and also left with a permanent disability. He applied for compensation on the ground of this incapacity. ... remoteness of damage] Related posts. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. The court held it was too remote for the defendant to be loable for the destruction of the boats and wharf: it was harm of an unforeseeable kind. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-leader-1','ezslot_11',137,'0','0'])); Would love your thoughts, please comment. Test for Remoteness is set out in Hodley v Baxendale [1843-60]. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. The Pilot filed Suit against the defendant for the doctrine of the remoteness of damages. Railway Company (1875 L.R. The claimant suddered a minor injury. Co. Ltd., also popularly known as the Wagon Mound Case. Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. The fire spread rapidly causing destruction of some boats and the wharf, Held: The court held that Re Polemis and Furness, Withy & Co  should no longer be considered good law and said the defendant can only be liable for damage that was reasonably foreseeable. June 1, 2011 at 3:10 pm #82644. Held: The defendant was held to be liable: the burn was a foreseeable consequence of the defendant's negligence and this resulted in his death. [Diplock states that in Doughty the ratio of Wagon Mound must be applied. Contract: In contract, the traditional test of remoteness is set out in Hadley v Baxendale (9 Ex 341). (United kingdom) LTD. Whittal (W.J.) Facts: Shepherd (the defendant) chucked a lighted squib into a crowd of people. The Wagon Mound no 1  AC 388 House of Lords The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. Tort law â Remoteness Rule â Causation â Negligence â Reasonably Foreseeable â Foreseeability â Contributory Negligence â Duty of Care. Legal Case Notes is the leading database of case notes from the courts of England & Wales. The defendant accepted liability for the injury sustained during his employment but disputed liability for the second injuries resulting from claimant's actions in jumping down the stairs. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! 1 â BBALLB - B REMOTENESS OF DAMAGES IN TORT Remoteness of damages in tort law is often related to the tort of negligence. We believe that human potential is limitless if you're willing to put in the work. 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. In this case, The Pilot Chartered the Wagon mound ship which was oil-fueled. Further, it cannot be presumed that a person will fall ill due to walking. By the negligence of the porters, they were put into the wrong train and carried of ‘E’. 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