Reviewing The Wagon Mound Case: An Extensive Study And Jurisprudential Note
- IJLLR Journal
- Feb 29, 2024
- 1 min read
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.