Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. 1.2 In that case, a freighter 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. This theory was rejected in the Wagon Mound Case 1960; there is a return to the old reasonable foresight test. 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 plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. Facts: The issue in this case was whether or not the fire was forseeable. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound)  His lip contained pre-cancerous cells which were triggered by the injury sustained and he died 3 years later. Further, it cannot be presumed that a person will fall ill due to walking. Mort’s Dock and Engineering Co. LTD. (1961 A.C. 388) is an important case that supports the doctrine of reasonable foresight. 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. 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. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. These words were spoken in a case discussing remoteness of damage 4 Lamb v . Further, it cannot be presumed that a person will fall ill due to walking. ... remoteness of damage] Related posts. It was not necessary to show that death by cancer was foreseeable, nor that an ordinary person would not have died from the injury. Squatters had also moved in and caused further damage. As a result of the defendant's negligence the husband had incurred a burn to his lip. France withy and Company [(1921) 3 K.B. Immediately on passing the bus comedy children started to cross the road at the moment a child was injured by the lorry. Facts: The claimant (8 year old) and another boy were playing on a road. Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. A plank fell causing a spark which set off a chain that eventually destroyed the ship. The court while making the defendant responsible said that by this action the damage could be well foreseen. 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. The case of Wagon Mound or Overseas TankShip (U.K.) LTD. V/s. Another case of Municipal board Kheri V/s. In S.C.M. At hospital he was given an anti-tetanus injection, where he contracted encephalitis due to an allergy of which he was previously unaware. In this case, the doctrine of a test of direct consequences propounded in the case of Re Pelamis was rejected. eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-box-4','ezslot_10',134,'0','0'])); While shifting Sankalp NGO at a port the Stevedores employed by the charterers negligently knock the plank out of a temporary staging erected in the hold, so that the plank sale into the hold and in its fall by striking something caused a spark which ignited the petrol vapour And The vessel was completely destroyed. So the defendant was liable for his death. Court judgments are generally lengthy and difficult to understand. The court accepted the argument of inconvenience but denied the argument of illness. The test is in essence a test of foreseeability. This Maxine can be cleared with the case of Hobbs Very V/s. 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. It is a key case which established the rule of remoteness in negligence. â The current law on remoteness: Overseas Tankship v Morts Dock (The Wagon Mound (No 1)) In essence, the position is that the defendant will only be liable for damage that is reasonably foreseeable Held: The defendant was held to be liable for negligence of the workmen. The test for remoteness of damage was whether the kind of damage sustained was reasonably foreseeable. (United kingdom) LTD. Whittal (W.J.) The "remoteness doctrine" has been applied in two different con-texts: attenuated harm cases and cases involving derivative claims. 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. 107 Q.V 111). It was installed negligently which meant the pig feed went mouldy. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. This was a harsh judgment and does not stand anymore! SO the defendant was not liable. Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. He applied for compensation on the ground of this incapacity. Facts: Shepherd (the defendant) chucked a lighted squib into a crowd of people. The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. Ram Bharose (A.I.R. 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. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. On account of this molten material solidified in the plaintiff’s machine and partly damaged the machine. 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. 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. An hour later he set off with another 16 of crewmembers, to go to the Oropesa, in another lifeboat. 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. 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