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Reviewing The Wagon Mound Case: An Extensive Study And Jurisprudential Note




Aashika Parveen, Alliance School of Law, Bengaluru


ABSTRACT


In the field of tort law, the famous case of Overseas Tankship (UK) Ltd v. Morts Dock and Engineering Co Ltd, also referred to as the ‘Wagon Mound case’, continues to set important precedents, especially with regard to the concepts of foreseeability and remoteness of damage. Along with the landmark case Re Polemis & Furness, Withy & Co Ltd, 1921), which was taken as a precedent case for the judgment of Wagon Mound case.


In this article will be understanding deeply the case, its historical background, the judicial rationale behind it, and the ensuing legal jurisprudential ramifications are all thoroughly examined. It also offers a critical analysis of the changing ways that the Waggon Mound concept and Re Polemis & Furness, Withy & Co Ltd, 1921), case analysis as well, is interpreted and used in modern legal systems.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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