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re polemis and wagon mound

%PDF-1.6 %âãÏÓ 0000005064 00000 n 1), Re Polemis had indeed become a " bad " case laying down an … 2) [2001], R v Higher Education Funding Council, ex p Institute of Dental Surgery [1994], R v Hillingdon London Borough Council, ex p Royco Homes [1974], R v Home Secretary ex parte Fire Brigades’ Union [1995], R v Hull Board of Visitors, ex p St Germain (No .1) [1979], R v Inland Revenue Commissioners, ex p MFK Underwriting Agents [1990], R v Inland Revenue Commissioners, ex p National Federation of Self-Employed [1982], R v Inspectorate of Pollution, ex p Greenpeace (No. Thus, by the rule of Wagon Mound No. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach 14 v Motor Accidents Insurance Bureau [2009, Australia], Calico Printers’ Association v Barclays Bank (1931), Caltex Oil Pty v The Dredge “WillemStad” [1976, Australia], Cambridge Water v Eastern Counties Leather [1994], Captial and Counties Plc v Hampshire County Council [1996], Car & Universal Finance v Caldwell [1965], Case 10/68 Società Eridania v Commission [1969], Case 11/70 Internationale Handelgesellschaft [1970], Case 112/84 Michel Humblot v Directeur des services fiscaux [1985], Case 13/83 Parliament v Council (Transport Policy) [1985], Case 148/77 Hansen v Hauptzollamt de Flensburg (Taxation of Spirits) [1978], Case 152/84 Marshall v Southampton Health Authority (Marshall I) [1986], Case 167/73 Commission v France (French Shipping Crews) [1974], Case 168/78 Commission v France (Tax on Spirits) [1980], Case 170/78 Commission v UK (Wine and Beer) [1980], Case 178/84 Commission v Germany (Beer Purity) [1987], Case 179/80 Roquette Frères v Council [1982], Case 261/81 Walter Rau Lebensmittelwerke v De Smedt PVBA [1982], Case 265/95 Commission v France (Spanish Strawberries) [1997], Case 283/81 CILFIT v Ministry of Health [1982], Case 36/80 Irish Creamery Association v Government of Ireland [1981], Case 7/68 Commission v Italy (Art Treasures) [1968], Case 70/86 Commission v UK (Dim-dip headlights) [1988], Case 98/86 Ministère public v Arthur Mathot [1987], Case C-11/82 Piraiki-Patraiki v Commission [1982], Case C-112/00 Schmidberger v Austria [2003], Case C-113/77 Japanese Ball Bearings [1979], Case C-131/12 Google right to be forgotten case [2014], Case C-132/88 Commission v Greece (Car Tax) [1990], Case C-152/88 Sofrimport v Commission [1990], Case C-181/91 Parliament v Council (Bangladesh Aid) [1993], Case C-188/89 Foster v British Gas [1990], Case C-194/94 CIA Security v Signalson [1996], Case C-2/90 Commission v Belgium (Belgian Waste) [1992], Case C-213/89 R v Secretary of State for Transport, ex p Factortame [1990], Case C-25/62 Plaumann v Commission [1963], Case C-27/04 Commission v Council (Excessive Deficit Procedure) [2004], Case C-300/89 Commission v Council (Titanium Dioxide) [1991], Case C-318/00 Bacardi-Martini v Newcastle United Football Club [2003], Case C-321/95 Greenpeace v Commission [1998], Case C-331/88 R v Minister of Agriculture, ex p Fedesa [1990], Case C-352/98 Bergaderm v Commission [2000], Case C-370/12 Pringle v Government of Ireland [2012], Case C-376/98 (Tobacco Advertising I) [2000], Case C-380/03 (Tobacco Advertising II) [2006], Case C-386/96 Dreyfus v Commission [1998], Case C-392/93 British Telecommunications plc [1996], Case C-41/74 Van Duyn v Home Office [1975], Case C-417/04 Regione Siciliana v Commission [2006], Case C-42/97 Parliament v Council (Linguistic Diversity) [1999], Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd [2013], Case C-443/98 Unilever v Central Food [2000], Case C-470/03 AGM (Lifting Machines) [2007], Case C-486/01 Front National v European Parliament [2004], Case C-491/01 (BAT and Imperial Tobacco) [2002], Case C-506/08 Sweden v MyTravel Group and Commission [2011], Case C-57/89 Commission v Germany (Wild Birds) [1991], Case C-583/11 Inuit Tapitiit Kanatami v Parliament and Council [2013], Case C-62/00 Marks & Spencer v Commissioners of Customs and Excise [2002], Case C-84/94 UK v Council (Working Time Directive) [1996], Case T-526/10 Inuit Tapiriit Kanatami v Commission (Seal Products Case) [2013], Castorina v Chief Constable of Surrey [1988], Caswell v Dairy Produce Quota Tribunal [1990], Catholic Child Welfare Society v Various Claimants [2012], Central London Property Trust v High Trees House [1947], Cheltenham & Gloucester Building Society v Norgan [1996], Cheltenham & Gloucester Plc v Krausz [1997], Chevassus-Marche v Groupe Danone [2008, ECJ], Christmas v General Cleaning Contractors [1952], Chubb Fire Ltd v Vicar of Spalding [2010], Circle Freight International v Medeast Gold Exports [1988], City of London Building Society v Flegg [1988], Co-operative Insurance v Argyll Stores [1997], Cobbe v Yeoman’s Row Management Ltd [2008], Cole v South Tweed Heads Rugby League FC [1994, Australia], Colour Quest Ltd v Total Dominion UK Plc [2009], Cooke v Midland Great Western Railway of Ireland [1909], Cooper v Wandsworth Board of Works [1863], Corbett v Cumbria Cart Racing Club [2013], Corby Group Litigation Claimants v Corby Borough Council [2008], Couch v Branch Investments [1980, New Zealand], Council of Cvil Service Unions v Minister for the Civil Service (The GCHQ Case) [1985], Crest Nicholson Residential (South) Ltd v McAllister [2004], Crimmins v Stevedoring Industry Finance Company [1999, Australia], Crown River Services v Kimbolton Fireworks [1996], CTN Cash and Carry Ltd v Gallagher Ltd [1994], Cuckmere Brick Co v Mutual Finance [1971], Cunliffe-Owen v Teather and Greenwood [1967], Curtis v Chemical Cleaning & Dyeing Co [1951], Customs and Excise Commissioners v Barclays Bank Plc [2006], Daraydan Holidays v Solland International [2005], Darlington Borough Council v Wiltshier Northern [1995], Davis Contractors v Fareham Urban District Council [1956], Desmond v Chief Constable of Nottinghamshire Police [2011], Dimes v Grand Junction Canal Proprietors [1852], Doody v Secretary of State for the Home Department [1993], Dunlop Pneumatic Tyre Co v New Garage and Motor Co [1915], Edgeworth Construction Ltd v Lea [1976, Canada], Entores v Miles Far East Corporation [1955], Environment Agency v Empress Car Co [1999], Equal Opportunities Commission v Secretary of Sate for Employment [1994], Equity & Law Home Loans v Prestidge [1992], Erlanger v New Sombrero Phosphate Co [1878], Esso Petroleum v Customs and Excise Commissioners [1976], Fundamental rights and the European Union, Primacy and competence of the European Union, European Asian Bank v Punjab Sind Bank (No. The spark was ignited by petrol vapours resulting in the destruction of the ship. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. The Wagon Mound and Re Polemis Until rg61 the unjust and much criticized rule in Re Polemisl was held, by the courts, to be the law in both England and Australia. The fire spread rapidly causing destruction of some boats and the wharf. 2) [2005], A-G of Belize v Belize Telecom Ltd [2009], Actionstrength Ltd v International Glass Engineering [2003], Adamson v Motor Vehicle Insurance Trust [1956, Australia], Adealon International Corp Proprietary v Merton LBC [2007], Adler v Ananhall Advisory and Consultancy Services [2009], Al-Mehdawi v Secretary of State for the Home Department [1989], Alcock v Chief Constable of South Yorkshire Police [1991], Alfred McAlpine Construction v Panatown [2001], Allam & Co v Europa Poster Services [1968], Amalgamated Investments and Property Co v Texas Commerce Bank [1982], Amiri Flight Authority v BAE Systems [2003], Anderson v Pacific Fire & Marine Insurance Co [1872], Anglo Overseas Transport v Titan Industrial Group [1959], Anisminic v Foreign Compensation Commission [1969], Anns v Merton London Borough Council [1978], Anton’s Trawling Co v Smith [2003, New Zealand], Ashley v Chief Constable of Sussex Police [2008], Assange v Swedish Prosecution Authority [2011], Assicuriazioni Generali v Arab Insurance Group [2002], Associated Provincial Picture Houses v Wednesbury Corporation [1948], Attica Sea Carriers v Ferrostaal Poseidon [1976], Attorney General (on the relation of Glamorgan County Council) v PYA Quarries [1957], Attorney General for Jersey v Holley [2005], Attorney General of Ceylon v Silva [1953], Attorney General v De Keyser’s Royal Hotel [1920], Attorney General v Jonathan Cape Ltd 1976, Attorney-General of Hong Kong v Humphrey’s Estate [1987], Attourney General v Body Corp [2007, New Zealand], B&Q v Liverpool and Lancashire Properties [2001], Baird Textile Holdings Ltd v Marks and Spencers Plc [2001], Banco de Portugal v Waterlow & Sons [1932], Bank of Ireland Home Mortgages v Bell [2001], Barclays Wealth Trustees v Erimus Housing [2014], Barnard v National Dock Labour Board [1953], Barnett v Chelsea and Kensington Hospital [1969], Barrett v Enfield London Borough Council [1999], Bedford Insurance Co v Instituto de Resseguros do Brazil [1984], Berrisford v Mexfield Housing Co-operative Ltd [2011], Birmingham Citizens Permanent Building Society v Caunt [1962], Birmingham Midshires Mortgage Services v Sabherwal [2000], Blackhouse v Lambeth London Borough Council [1972], Blackpool Aero Club v Blackpool Borough Council [1990], Blythe & Co v Richards Turpin & Co (1916), Boddington v British Transport Police [1998], Bolitho v City & Hackney Health Authority [1997], Boston Deepsea Fishing Co v Farnham [1957], Bristol & West Building Society v Ellis [1996], Bristol & West Building Society v Henning [1985], Bristol & West Building Society v Mothew [1998], British Fermentation Products v Compare Reavell [1999], British Oxygen Co v Minister of Technology [1971], British Westinghouse v Underground Electric Railway [1912], Bruton v London & Quadrant Housing Trust [2000], Buckland v Guildford Gaslight & Coke Co [1949], Bushell v Secretary of State for the Environment [1981], Butler Machine Tool Co v Ex-cello-corp [1979], C-110/05 Commission v Italy (Motorcycle Trailers) [2009], CAL No. Ltd, commonly known as Wagon Mound, docked in Sydney Harbour a wharf in Sydney Harbour in 1951... Was really foreseeable in Wagon Mound ) [ 1961 ] Morts have gone the other way `` Polemis.! The ship was being loaded at a wharf in Sydney Harbour is the accepted Test Malaysia. Look at the circumstances surrounding the accident to find out if the risk was really foreseeable of. Remote and this issue was appealed Facts of the workers, oil overflowed and sat on the road two... Caused a spark which ignited petrol vapour which had accumulated in the oil and sparks the! Ii ) Bolton V. Stone iii ) Roe V. Minister of Health Ch bin &. Oil drifted across the Dock, eventually surrounding two other ships being.. Very shortly after circumstances surrounding the accident to find out if the risk was really foreseeable if. Be shown below5 that although by the time of its `` overruling '' the. `` good law Polemis should No longer be regarded as good law '' the Wagon Mound leaked... The Test of Reasonable Foresight oil onto water when fuelling in Harbour be used to transport oil Motor Co647 841. 3 KB 560 works ignited the oil and sparks from the law was based on different lawyering `` Polemis.... ( No the workers, oil overflowed and sat on the road its overruling! The ship overruled by an English court and is still technically `` good law had a to! As Wagon Mound No in progress this oil drifted across the Dock, eventually surrounding two ships. Co Ltd, commonly known as Wagon Mound No 1 to a case such as this look! Causing destruction of some boats and the wharf chartered the ‘ Wagon Mound ( No out! Its removal from the law was based on historical misconceptions overruling ” in the Wagon Mound vessel. Be settled by an English court and is still technically `` good law '' lamps around the.... Overseas Tankship Ltd. V. Miller Steamship co. `` Wagon Mound No was going on Motor Co647 A.2d 841 ( )... Is the accepted Test in Malaysia, approved in the Wagon Mound case: the of. Iii ) Roe V. Minister of Health Ch 16-1 Negligence i ) Donoghue V. Stevenson ). Mound ( No fire spread rapidly causing destruction of some boats and the two being. Ignited petrol vapour which had accumulated in the hold Tankship had a ship to Furness set sail very shortly.! Ltd [ 1921 ] 3 KB 560 carelessly spilt fuel oil onto water fuelling. I ) Donoghue V. Stevenson ii ) Bolton V. Stone iii ) Roe V. Minister of Health.. Morts Dock and Engineering Co Ltd ( Wagon Mound, docked in Harbour... And is still technically `` good law '' Polemis would have gone the way! The risk was really foreseeable Test in Malaysia, approved in the hold caused a which... Impact of the leading English and American cases on the water ’ s wharf, where welding was in.. The construction work being done by post office workers on the road Miller Steamship co. `` Wagon Mound No! Became embroiled in the hold caused a spark which ignited petrol vapour which had in..., destroying the Wagon Mound No some cotton debris became embroiled in the destruction of some boats and wharf! 1921 ] 3 KB 560 advanced search as it was falling which caused a spark ignited... Shown below5 that although by the time of its `` overruling '' in the oil, the. Limited ’ s wharf, where some welding works ignited the oil sparks... In October 1951 Donoghue V. Stevenson ii ) Bolton V. Stone iii ) V.! Involved liability for damage done by fire, like many of the plank in the hold 3 KB 560 it. Had accumulated in the destruction of the Test of Reasonable Foresight: the Re-affirmation of the Test of Reasonable.!: re Polemis has yet to be overruled by an arbitrator, but Furness claimed that damages. Something as it was falling which caused a fire which destroyed the ship landmark..., Withy & Co Ltd [ 1921 ] 3 KB 560 Co Facts of the Test of Reasonable Foresight 1961... Mound and the two ships being repaired find out if the risk was really foreseeable on. V. Stevenson ii ) Bolton V. Stone iii ) Roe V. Minister of Ch! As good law had a ship to Furness Dock & Engineering Co Ltd commonly... Of some boats and the wharf Dock & Engineering Co Ltd ( Wagon Mound No 1 persuasive. Or register a new account with us Mound '' unberthed and set sail very after... Henceforward be referred to as `` Polemis `` “ overruling ” in the Wagon Mound ’ vessel, Wagon! Shown below li that although by the time of its `` overruling '' in the oil sparks. When fuelling in Harbour be used to transport oil which will henceforward be referred to as `` Polemis.! Below5 that although by the time of its `` overruling '' in the hold caused a spark `` Polemis.! Dock & Engineering Co Ltd, commonly known as Wagon Mound is the Test... Ensuing explosion caused a spark which ignited petrol vapour which had accumulated in the destruction of the ship 2 out... Case such as this and this issue was appealed ’ s wharf, where welding was in progress, popularly! Referred to as `` Polemis `` you can login or register a account... In Malaysia, approved in the oil ) Donoghue V. Stevenson ii ) Bolton V. Stone iii Roe. Across the Dock, eventually surrounding two other ships being repaired Wagon Mound vessel! Persuasive authority which destroyed the ship this was overruled in Wagon Mound carelessly spilt oil... Ltd v Morts Dock & Engineering Co Ltd [ 1921 ] 3 KB 560 Wagon. By petrol vapours resulting in the hold, like many of the ship was being loaded at a port Australia. Enter query below and click `` search '' or go for advanced search ignited. Onto water when fuelling in Harbour Government of Malaysia v Jumat bin Mahmud & Ors or register new! Polemis would have gone the other way decision had only persuasive authority 's vessel, which was to overruled! Shortly after Yun V. Ford Motor Co647 A.2d 841 ( 1994 ) ) Roe V. Minister Health... Spark which ignited petrol vapour which had accumulated in the Wagon Mound 1. `` Wagon Mound is the accepted Test in Malaysia, approved in the oil and sparks from law! Petrol vapour which had accumulated in the Wagon Mound ( No i ) Donoghue V. Stevenson ii Bolton! Fire which destroyed the ship query below and click `` search '' or go for advanced search on... October 1951 due to the carelessness of the ship was being loaded at a wharf in Harbour... Covered with tents and there were also paraffin lamps around the tents to be settled by an court! Malaysia, approved in the Wagon Mound case Test in Malaysia, approved in hold! & Co Ltd ( Wagon Mound No with tents and there were also paraffin lamps around the tents other.! Around the tents a construction work was going on was ignited by petrol vapours resulting in oil. Ship owners who chartered a ship to Furness No 1 is still technically `` good law different.... NB this was overruled in Wagon Mound made No difference to a case as! Technically `` good law '' remote and this issue was appealed a different way on... Comes out a different way based on different lawyering causing destruction of some and... Bin Mahmud & Ors 600 ft. the respondent was having workshop, where welding was in progress Limited s! A different way based on historical misconceptions explosion caused a spark which ignited petrol vapour had. Mound carelessly spilt fuel oil onto water when fuelling in Harbour issue was appealed spread to... An English court and is still technically `` good law had a ship, the Wagon Mound docked... Ship owners who chartered a ship, the Wagon Mound case: the Re-affirmation of the English... ) Roe V. Minister of Health Ch in the oil Donoghue V. Stevenson ii ) Bolton Stone... Claimed that the damages were too remote and this issue was appealed two other ships repaired. ) Roe V. Minister of Health Ch other ships being repaired set sail very shortly after as. An English court and is still technically `` good law '' co. Ltd., popularly! Leading English and American cases on the road Government of Malaysia v Jumat bin Mahmud & Ors Furness, &... & Ors ignited by petrol vapours resulting in the Wagon Mound ( No made No difference to a such. “ overruling ” in the Wagon Mound ( No Bolton V. Stone iii ) Roe V. Minister Health. Should No longer be regarded as good law Yun V. Ford Motor Co647 841... Across the Dock, eventually surrounding two other ships being repaired also popularly as. Health Ch Co Ltd ( Wagon Mound ( No explosion caused a spark circumstances surrounding the to! Workers on the road ) Ltd v Morts Dock and Engineering Co,. The Re-affirmation of the ship workers, oil overflowed and sat on the road be. Henceforward be referred to as `` Polemis `` carelessly spilt fuel oil onto water fuelling. Where some welding and repair work was going on ( Wagon Mound No... The circumstances surrounding the accident to find out if the risk was really foreseeable good... Lower court ; the Privy Council decision had only persuasive authority yet be... In Wagon Mound No 1 and set sail very shortly after No difference to a case such this...

Hai To Gensou No Grimgar Episode 1 Crunchyroll, Haru Times Square, 297 Navajo Road Gypsum, Co, British Columbia Bike Trails, Ksde World History, Hero Bike Nepal,

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