The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. 2" Case Brief - Rule of Law: If a party did nothing to prevent the injury, he is liable for the Every Bundle includes the complete text from each of the titles below: Richard Posner, "The Learned Hand Formula for Determining Liability, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, "The Wagon Mound No. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. The fire spread rapidly causing destruction of some boats and the wharf. 1)  The Wagon Mound (No. 2)  Thoburn v Sunderland City Council  Thomas v Clydesdale Bank  Thomas v National Union of Miners  Thomas v Sawkins  Thomas v Sorrell (1673) Thomas v Thomas  Thompson v Foy  Thompson v Gibson  Thompson v Park  Thorner v Major  2)  1 AC 617. At some point during this period the Wagon Moundleaked furnace oil into the harbour while some welders were working on a ship. Facts. , The holding in this case was harshly criticized for its "overloading of the foreseeability concept" by renowned torts scholar Leon A. The crew had carelessly allowed furnace oil … Overseas Tankship were charterers of a freighter ship named the Wagon Mound which was moored at a dock. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. 2). 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. The Wagon Mound (No. Miller sued seeking damages. 2) should not be confused with the previous case of the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or Wagon Mound (No. login to your account, Claims by ship owners for wagon mound damage successful as reasonably foreseeable kind of damage from leaking oil, Made with favorite_border by Webstroke- © All rights reserved, A v Roman Catholic Diocese of Wellington [2008, New Zealand], A v Secretary of State for Home Affairs (No. 2 What’s different about this case is the lawyering. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain . Enter query below and click "search" or go for advanced search. The plaintiff owned two ships that were moored nearby. Written and curated by real attorneys at Quimbee. Walsh J held that Overseas Tankship were not liable for negligence, but that the large quantity of oil was a public nuisance and the Overseas Tankship were liable to pay damages for nuisance.. After several hours the oil drifted and was around two ships owned by the Miller Steamship Co that were being repaired nearby. Another difference between the cases is that the plaintiffs will not be barred from recovery by their own negligence. The engineers on the Wagon Mound were careless and a large quantity of oil overflowed onto the surface of the water. Spread led to MD Limited’s wharf, where welding was in progress. Get Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. They held that it was not sufficient that the damage to by the Miller Steamship vessels was the direct result of the nuisance if that damage was unforeseeable. ADD TO WISHLIST > PDF. Overseas Tankship obtained leave to appeal directly to the Privy Council on the verdict of nuisance and the Miller Steamship Co obtained leave to appeal on the verdict of negligence. the type of consequence ought to have been foreseen. 2 [I9211 3 K.B. The Wagon Mound Incident. Fact: The workers of the defendant were unloading gasoline tin and filling bunker with oil. XII. Background facts. t was certainly not foreseeable was the complex forensic tangle to which the decisions have led. The Wagon Mound No.2  1 AC 617 Privy Council The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected.The ship suffered damage as a result of the fire. Morts owned and operated a dock in Sydney Harbour. Remoteness; Judgment. University. In relation to negligence the Privy Council held that a reasonable person in the position of the ship's engineer would have been aware of the risk of fire. Use features like bookmarks, note taking and highlighting while reading Wagon Mound: Do or Die: (The Cowan Family Saga - Book 2). 1) and The Wagon Mound (No. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. 11. Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. The Wagon Mound (No.1)  Uncategorized Legal Case Notes August 26, 2018 May 28, 2019. 2) , R v Higher Education Funding Council, ex p Institute of Dental Surgery , R v Hillingdon London Borough Council, ex p Royco Homes , R v Home Secretary ex parte Fire Brigades’ Union , R v Hull Board of Visitors, ex p St Germain (No .1) , R v Inland Revenue Commissioners, ex p MFK Underwriting Agents , R v Inland Revenue Commissioners, ex p National Federation of Self-Employed , R v Inspectorate of Pollution, ex p Greenpeace (No. Such a formulation of the issue has struck some in the field as an argument along the lines typically made in the Law & Economics camp usually seen to be represented by the American Judge Richard Posner. The cases will go down to posterity as The Wagon Mound (No. Green. The words "real risk" are the requirement of remoteness of damage but the test of foreseeability does not depend upon the actual risk of occurrence. See Also – 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. The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the … From Ron Blessing. 4. , For the previous case on remoteness of loss, see. oil from the ss. 1) and The Wagon Mound (No. Hereinafter referred to as 'The Wagon Mound'. Wagon Mound (No. 2. L. Rep. 313 CA Hyett v Great Western Railway Co (GWR) Course. 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 plaintiffs’ wharf some 600 feet away, where the plaintiffs were 1 [ 19611 A.C. 388. or
Average Rating (3 ratings) In a sleepy New Mexican village, a sweet 16 birthday party goes awry when an innocent game tears a hole in the fabric of reality. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. The cases will go down to posterity as The Wagon Mound (No. At the trial in the Supreme Court of New South Wales, Walsh J found that (1) that the officers of the Wagon Mound would regard the oil as very difficult, but not impossible, to ignite on water (2) ignition of the oil on waters had very rarely happened, and (3) it was a possibility that would only eventuate in very exceptional circumstances. 2) , R v Broadcasting Complaints Commission, ex p Owen , R v Chief Constable of Devon, ex p Central Electricity Generating Board , R v Chief Constable of Lancashire, ex p Parker , R v Chief Constable of Merseyside Police, ex p Calveley , R v Chief Constable of North Wales, ex p Evans , R v Chief Constable of Sussex, ex p International Traders Ferry , R v Crown Court at Reading, ex p Hutchinson , R v Disciplinary Committee of the Jockey Club, ex p Aga Khan , R v Governors of Brockhill Prison, ex p Evans (No. The fire spread rapidly causing destruction of some boats and the wharf. The defendant owned a freighter ship named the Wagon Mound which was moored at a dock. Mort’s (P) wharf was damaged by fire due to negligence. The" Wagon Mound" unberthed and set sail very shortly after. 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. A reasonable person, the Council held, would only neglect a risk of such a potentially great magnitude if he or she had a reason to do so, e.g. Since the gravity of the potential damage from fire was so great there was no excuse for allowing the oil to be discharged even if the probability or risk of fire was low. 2) , R v International Stock Exchange of the UK and RoI, ex p Else (1982) Ltd , R v Kent Police Authority, ex p Godden , R v Leicester City Justices, ex p Barrow , R v Lord President of the Privy Council, ex p Page , R v Metropolitan Police Commissioner, ex p Blackburn , R v North & East Devon Health Authority, ex p Coughlan , R v Panel on Take-Overs and Mergers, ex p Datafin , R v Port of London Authority, ex p Kynoch , R v Race Relations Board, ex p Selvarajan , R v Secretary of State for Defence, ex p Smith , R v Secretary of State for Employment ex parte Equal Opportunities Commission , R v Secretary of State for Foreign Affairs ex parte Everett , R v Secretary of State 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