WebWagon Mound is the leading case that adopts a foreseeability test. The court in that case ruled that—assuming it was unforeseeable that an oil leakage would lead to a massive harbor fire destroying piers and other shoreline property—the negligent leakage of the oil was not a proximate cause of that damage. WebThe 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. In this case, Lord Simons said that it was the foresight of the reasonable man which alone can determine responsibility.
TESTFORM - Charlotte Water - Charlotte, North Carolina
WebWagon Mound “Reasonably Foreseeable Consequences” Test; Wagon Mound I, p 405 - P’s wharf was seriously damaged when oil negligently discharged from D’s ship spread across the water and later caught fire when molten metal dropped by D’s workmen ignited cotton waste floating on the surface. Liability (culpability) depends on the ... WebThe test is in essence a test of foreseeability. That is, the loss will only be recoverable if it was in the contemplation of the parties. The loss must be foreseeable not merely as being … minimal brain injury definition
Damage (2)- Remoteness of Damage Flashcards Quizlet
WebThe Wagon Mound is strict authority for the proposition that a man is not liable for any damage of a type that he would not reasonably foresee; but their Lordships also … WebA large quantity of oil was spilled into the harbour. Morts asked the manager of the dock that the Wagon Mound had been berthed at if the oil could catch fire on the water, and was informed that it could not. As a result Morts continued to … Web2024 ACCT315+403 - Mid term test - Q; Assignment 2 Peita Milne; Tax-Lecture-Notes - Notes; Exercise Physiology Quiz - Google Docs; Labour … minimal brain dysfunction adhd