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. He applied for compensation on the ground of this incapacity. SO the defendant was not liable. About 600 ft. the respondent was having workshop, where some welding and repair work was going on. Facts: The defendant employed the claimant who slipped on a ladder at work because of oil on the step. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. 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. ⇒ If the injury was of a different kind than the foreseeable type, then the defendant could have escaped liability. Held: The hospital was negligent but not liable, since even the proper procedure would not have revealed the allergy. Another case of, Any person can be held responsible for his action only when that action is the actual cause (. Although the specific injury was unforeseeable, the negligent act directly led to it. 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. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. an act breaking the chain of causation). 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. Test for Remoteness is set out in Hodley v Baxendale [1843-60]. 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. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. There are two principles for tests of the remoteness of damage-. As a result many pigs caught e-coli and died. 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. 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 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 case of Wagon Mound or Overseas TankShip (U.K.) LTD. V/s. It is a key case which established the rule of remoteness in negligence. His lip contained pre-cancerous cells which were triggered by the injury sustained and he died 3 years later. 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. It was treated by splinting but the pain continued. Squatters had also moved in and caused further damage. (United kingdom) LTD. Whittal (W.J.) 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. One of the officers was struck by an oncoming vehicle. In an Indian case of Veeran V/s. Keymaster. Held: The court while making the defendant responsible said that by this action the damage could be well foreseen. Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. Railway Company, Jai Engineering Works Limited V/S State Of West Bengal. Facts: A ship called The Oropesa was negligently navigated and collided with another ship, the Manchester Regiment. 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. There was a respondent wharf on the distance of 600 feet away from the Sydney port and the ship was under repair there. 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. Krishana Morthy, the doctrine of a test of reasonable foreseeability has been recognized. The eggshell skull rule applies and the defendant must take his victim as he finds him. The defendants are the owners of the vessel Wagon Mound, which was moored 600 feet from a wharf. Although this is similar to Hughes, there is a crucial difference. [Diplock states that in Doughty the ratio of Wagon Mound must be applied. Guru Prasad- the test of foreseeability was considered and adopted. 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. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. Facts: The claimant, a herdsman, contracted rare Weil's disease while working for the defendant. 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. the mischief of the child was the proximate cause and the negligence of the servants was a remote cause. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. This is called the doctrine of the remoteness of damages. 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. Re Polemis and Furness, Withy & Co [1921]. 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. Due to heavy rains, the earth spread over the plaintiff’s plot and damaged paddy crop. This case is called the first case which propounded the doctrine of the test of direct consequences. In S.C.M. 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. He strained his back and hips and his leg was prone to giving way. He fractured the superfluous thumb whilst working. 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). 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: Shepherd (the defendant) chucked a lighted squib into a crowd of people. 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 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 plots of the plaintiff and defendant were adjacent. In this case, the defendants Chartered The plaintiff’s vessel to carry a cargo which included A quantity of petrol. The court said that though fire on the Cottage could not be a premature end this damage was the direct result of this act. 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. In this case, Lord Simons said that it was the foresight of the reasonable man which alone can determine responsibility. Camden LBC, above , n 1 at pp 637-638 ... 8 The Wagon Mound (No. The Wagon Mound, an oil-tanker vessel, was chartered by D and had been moved at Sydney (Australia) harbour. Held: The defendant was held to be liable for negligence of the workmen. 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. 14]- Railway is very important and it supports the doctrine of a test of direct consequences. 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. 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. The court held the workers of the defendant Railway company responsible for damages. The claimant suffered severe burns. Held: It was held that the claimant's actions amounted to a novus actus inteveniens (i.e. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! A vessel was chartered by appellant. 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. One of the defenses pleaded by the defendant was novus actus interviniens, or remoteness of consequences i.e. Railway Company  (1875 L.R. The plaintiff sued the defendant for the value of the entire boat. 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. Why Wellesley Partners LLP v Withers LLP is important. Relatives of the drowned seamen sued. 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. 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. This was a harsh judgment and does not stand anymore! Two police officers on motorcycles arrived at the scene. 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. Obviously, the plaintiff suffered a very heavy loss for his contract, and he claims the entire damage from the defendant. Facts The captain of the Manchester Regiment sent 50 of his crew to the Oropesa because his boat was so badly damaged. Mort’s (P) wharf was damaged by fire due to negligence. Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. 179. on the facts of a case because they regard that as a "fair1 " solution. It was found that the damage was thus too remote for recovery (Steele, (2007), p182 et seq). In this matter, some children from the school were collected to cross the road. This caused extensive damage and the property had to be vacated. The claimant was not physically injured but the incident triggered his ME, meaning he was unable to return to his job as a teacher. Immediately on passing the bus comedy children started to cross the road at the moment a child was injured by the lorry. Accordingly, in all the above cases, the test of direct consequences has been supported. The crew negligently allowed furnace oil to leak. There a bus was coming and behind the bus, there was a lorry of the defendant. Edison (1933 A.C. 499), Lisbosch Dredger was sunk due to the negligence act of Edison. Facts: The issue in this case was whether or not the fire was forseeable. Further, it cannot be presumed that a person will fall ill due to walking. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. As a result Morts continued to work, taking caution not to ignite the oil. 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 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. Held: The court held that the owners of The Oropesa were liable: the actions of the captain of the other ship did not break the chain of causation because they were reasonable in all the circumstances. The case of Smith V/s. Facts: A widow brought a claim against the defendant (who employed her husband) under the Fatal Accidents Act for the death of her husband. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. ... remoteness of damage] Related posts. 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. eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-leader-1','ezslot_11',137,'0','0'])); Would love your thoughts, please comment. Facts: The claimant (8 year old) and another boy were playing on a road. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. In the midst of monsoon, the defendant dug a tank and put Earth on sides. 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. 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. The result of the operation left him with more pain and meant he could only do light work. 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