While putting the stones in pit ‘C’ never think that somebody can be pushed in it. So the defendant was liable for his death. 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 plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. 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. Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. Camden LBC, above , n 1 at pp 637-638 ... 8 The Wagon Mound (No. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The claimant arranged for repairs to be done herself and submitted a bill to the council for the repairs and damage caused by the squatters, Held: It was held the council was not liable for the acts of the squatters: it was not foreseeable that squatters would move into an empty house in Camden and cause damage despite the prevalence of such behaviour in Camden at the time, Facts: The claimant sustained an injury at work due to his employer’s breach of duty. Detailed case brief Torts: Negligence. This caused extensive damage and the property had to be vacated. There are two principles for tests of the remoteness of damage-. the Manchester Regiment later sank. The court said that though fire on the Cottage could not be a premature end this damage was the direct result of this act. 12 Asquith L.J. This was a harsh judgment and does not stand anymore! Relatives of the drowned seamen sued. At a distance of about 600 feet, P … 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. One of the officers was struck by an oncoming vehicle. 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. From Wikipedia, the free encyclopedia For the previous case on remoteness of loss, see Wagon Mound (No. The loss must be foreseeable not … Test for Remoteness is set out in Hodley v Baxendale [1843-60]. 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 captain of the Manchester Regiment sent 50 of his crew to the Oropesa because his boat was so badly damaged. OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND, Hobbs Very 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. Held: Whether a chain of causation had been broken was a question of fact. His lip contained pre-cancerous cells which were triggered by the injury sustained and he died 3 years later. Edison (1933 A.C. 499), Lisbosch Dredger was sunk due to the negligence act of Edison. Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. The direct consequence test was overruled in the Wagon Mound. London and South Western rail company [(1870) L.R.6 C.P. Court judgments are generally lengthy and difficult to understand. The defendants are the owners of the vessel Wagon Mound, which was moored 600 feet from a wharf. About Legal Case Notes. 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. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. That is, the loss will only be recoverable if it was in the contemplation of the parties. Facts: A ship called The Oropesa was negligently navigated and collided with another ship, the Manchester Regiment. This theory was rejected in the Wagon Mound Case 1960; there is a return to the old reasonable foresight test. The court did not accept the argument of the test of reasonable foresight. It was found that the damage was thus too remote for recovery (Steele, (2007), p182 et seq). The case of Smith V/s. In an Indian case of Veeran V/s. Due to the defendant’s negligence, furnace oil was discharged into the bay causing minor injury to the plaintiff’s ships. 1.2 In that case, a freighter There a bus was coming and behind the bus, there was a lorry of the defendant. A large quantity of oil was spilled into the harbour. © 2020 Digestible Notes All Rights Reserved. Two police officers on motorcycles arrived at the scene. The Wagon Mound no 1 [1961] AC 388 House of Lords The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. Facts: The defendant employed the claimant who slipped on a ladder at work because of oil on the step. He applied for compensation on the ground of this incapacity. The court accepted the argument of inconvenience but denied the argument of illness. 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-. The proceeds of this eBook helps us to run the site and keep the service FREE! Due to heavy rains, the earth spread over the plaintiff’s plot and damaged paddy crop. ... remoteness of damage] Related posts. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. [Diplock states that in Doughty the ratio of Wagon Mound must be applied. In this case, The Pilot Chartered the Wagon mound ship which was oil-fueled. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. Keymaster. The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. A claimant cannot recover damages in respect of a loss that is too remote a consequence of the defendants breach of contract. 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. One year later the council had not undertaken the repairs. 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). The case of Re Pelamis- with regard to this test the case of “Re Pelamis” is an important case. Some of the petrol cases lived on the voyage and there was petrol vapour in the hold. 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. A classic example of the doctrine's application to bar a claim involving an attenuated harm is The Wagon Mound No. 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 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 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. The plots of the plaintiff and defendant were adjacent. Held: 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. ⇒ If the injury was of a different kind than the foreseeable type, then the defendant could have escaped liability. 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