Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. "Wagon Mound No. 404; [1961] 1 Lloyd's Rep. 1; 100 A.L.R.2d 928; 1961 A.M.C. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. 2) [1967] 1 AC 617. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. Wagon Mound, while taking on bunkering oil at the Caltex wharf in Sydney Harbour, carelessly spilt a large quantity of oil into the bay, some of which spread to the plaintiffsâ wharf some 600 feet away, where the plaintiffs were 1 [ 19611 A.C. 388. The Law of Torts LAWS212. [1967] 1 AC 645, [1966] 3 WLR 513, [1966] 2 All ER 989, [1966] UKPC 2, [1966] UKPC 12 See Also â Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) PC 18-Jan-1961 Complaint was made that oil had been discharged into Sydney Harbour causing damage. Mound carelessly spilt fuel oil onto water when fuelling in harbour. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. The plaintiffs prevailed at trial, and the defendants appealed: Issues: Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Morts asked the manager of the dock that the Wagon Moundhad been berthed at if the oil could catch fire on the water, and was informed that it could not. During the early hours of the 30th October, 1951, a large quantity of bunkering oil was through the carelessness of the appellants' servants allowed to spill into the bay and by 10:30 on the morning of that day it had spread over a considerable part of the bay, being thickly concentrated in some places and particularly along the foreshore near the respondents' property. ACC Cases - Summary The Law of Torts Negligent Misstatement Case summary ⦠Later, it caught on fire. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Issue. (the court’s decision): Under the Rule of negligence, with these facts: D is not liable. 2", Watson v. Kentucky & Indiana Bridge & R.R. Charterers of Wagon. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. "Wagon Mound No.2" Brief: Case Citation: [1967] 1 A.C. 617. 1 . The plaintiff owned two ships that were moored nearby. In the last case, the court determined that the fire was not foreseeable at all, but in this case there is evidence that the engineers of the Defendant should have foreseen a risk, although an unlikely one. The Wagon Mound no 1 [1961] AC 388 House of Lords The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. 2. A large quantity of oil was spilled into the harbour. The defendants, charterers of the as. University. The engineers on the Wagon Mound were careless and a large quantity of oil overflowed onto the surface of the water. Victoria University of Wellington. It is an alternative to the foreseeability analysis of Wagon Mound and Palsgraf. - Duration: 2:30. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. The Defendants were the owners of the vessel Wagon Mound (Defendants). The relevance of seriousness of possible harm in determining the extent of a partyâs duty of care. 1", Privy Council, 1961. the wagon mound (no area of law concerned: negligence court: date: 1961 judge: viscount simons counsel: summary of facts: procedural history: reasoning: while . videos, thousands of real exam questions, and much more. This decision is not based on the analysis of causation. NTSH FZ 984 views. The defendants negligently caused oil to spill into the Port of Sydney and do minimal damage to the plaintiff’s wharf. Wagon Mound No. Spread led to MD Limitedâs wharf, where welding was in. Thank you and the best of luck to you on your LSAT exam. Year: 1966: Facts: 1. 1" Brief: Case Citation: [1961] A.C. 388. progress. Wagon Mound was moored 600 feet from the Plaintiffâs wharf when, due the Defendantâs negligence, she discharged furnace oil into the bay causing minor injury to the Plaintiffâs property. Co. Privy Council disapproved of Re Polemis. The fire spread rapidly causing destruction of some boats and the wharf. by SC of New South Whales, D appealed to Privy Council. 962; (1961) 105 S.J. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. The oil drifted under a wharf thickly coating the water and the shore where other ⦠May 28, 2019. Facts: The issue in this case was whether or not the fire was forseeable. molten mental dropped from the wharf by P’s workmen. (the legal question being addressed; may begin with “whether”): D proximately liable for the fire and damage to P’s wharf? WHALES Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): D carelessly spilled a large quantity of oil Facts At some point during this period the Wagon Mound leaked furnace oil into the harbor while some welders were working on a ship. The fact of the case: âWagon Moundâ actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (1961). Held. Mortâs (P) wharf was damaged by fire due to negligence. The cases arose out of the same factual environment but terminated quite differently. The sparks from the welders caused the leaked oil to ignite destroying all three ships. Held: Sign in Register; Hide [12] The Wagon Mound (No 1) Detailed case brief Torts: Negligence. The Law of Torts (LAWS212) Academic year. The Wagon Mound in Canadian Courts express disapproval.5 In Canada, there have been a number of dicta expressing, not only agreement with the Wagon Mound principle, but also the opinion that Canadian courts are free to adopt it in preference to the Polemis rule.6 The object of this article is to examine the validity of these dicta. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. The defendants spilled some furnace oil into the harbor. 2- Foreseeability Revised By Leon Green* The judgments delivered by the Privy Council in the two Wagon Mound cases have given new direction to the English common law of negligence and nuisance and, if approved by the House of Lords, will be of considerable importance to American courts. Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected. the suit was filed): Judgment was given for P, affirmed. The Defendant is liable for the fire if the injury by fire is a foreseeable consequence of their negligence. The natural consequences rule is overruled and reasonable foreseeability test is adopted. 126; [1961] 1 All E.R. Your Study Buddy will automatically renew until cancelled. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. Facts: Casebriefs is concerned with your security, please complete the following, Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, In re Arbitration Between Polemis and Furness, Withy & Co., Ltd, Overseas Tankship v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. Course. Detailed case brief Torts: Negligence. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The plaintiff operated a dock that was destroyed when the defendantsâ boat dumped furnace oil that later caught fire. The leaking oil on the water surface drifted to the site where Morts were welding metal. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. This is no longer the current test, but it is important to know. The natural consequences rule leads to instances where a negligent party is liable for both the direct trivial foreseeable damage and all unforeseeable and grave consequences too. The Wagon Mound No. P owned two ships that were moored nearby. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. Overseas Tankship chartered a freighter ship named the Wagon Mound which was taking on bunker oil at Mort's Dock in Sydney. English and American cases on remoteness of damage. Share. "*, In re Arbitration Between Polemis and Furness, Withy & Co., Ltd*, University of Nevada, Las Vegas • LAW 523. The Wagon Mound caseestablished a âremotenessâ test for determining the damages recoverable for an alleged act of negligence. Synopsis of Rule of Law. co Facts of the case. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. Related documents. An unfortunate chain of events led to the oil becoming mixed with cotton debris, which was ⦠On the face of it, The Wagon Mound (No 1) determines that there should no longer be different tests for the breach of duty, and the extent of the damage which is recoverable. Wagon Mound (No. In some cases, the negligent actor is held responsible for results that might be natural or probable and are therefore deemed to be foreseeable to the reasonable man, when they are in fact not foreseeable. States that the question of foreseeability should be liable for the 14 day trial, card! 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