Share to Twitter … Overseas Tankship (U. K. ) Limited v. The Miller Steamship Co. Pty. The most we can say is that: (1) a tort is a civil wrong committed by one person against another; and (2) torts can and usually do arise outside of any agreement between the parties. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. (Wharf lit on fire by oil spilled from nearby ship.) TORT CASES (DENIS MARINGO) TORT, TORTS, TORT CASES, LAWSUITS, PERSONAL INJURY LAWYER, DEFAMATION LIBEL SLANDER NEWSPAPERS INNUENDO, SLIP AND FALL, NEGLIGENCE, DAMAGES, NUISANCE ... 2013. The Judicial Committee of the Privy Council held that loss will be recoverable where the extent of possible harm is so great that a reasonable man would guard against it (even if the chance of the loss occurring was very small). A large quantity of oil was spilled into the harbour. The" Wagon Mound" unberthed and set sail very shortly after. Posted by DENIS MARINGO at 4:54 AM. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. THE WAGON MOUND [1961] A.C. 388 Landmark decision. The Wagon Mound is one of the classic proximate cause cases in Anglo-American law (Overseas Tankship (UK), Ltd. v. Morts Dock & Eng’g Co. (The Wagon Mound No. ... this aspect of the matter not because they wish to assert that in all respects to-day the measure of damages is in all cases the same in tort and in breach of contract, but because it emphasises how far Polemis was out of … Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. The Wagon Mound Case In this case, the appellants’ vessel was taking oil in Sydney Harbor at the Caltex wharf. Facts Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. 404 (Privy Council Austl.)). Through the carelessness of their servants, a large quantity of oil was allowed to spill into the harbour. Access This Case Brief for Free With a 7-Day Free Trial Membership. Limited and another (Wagon Mound No 2), Judicial Committee of the Privy Council on appeal from the Supreme Court of New South Wales, 1966 There are extracts from this case at p. 80 of Weinrib and then a summary of the result of this case … 1) [1961] 1 All E.R. Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. The escaped oil was carried by wind and tide beneath a wharf owned by the respondents, who were shipbuilders and ship-repairers. Facts: The issue in this case was whether or not the fire was forseeable. Categories: There are three broad categories of torts, and there are individual named torts within each category: 1. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. Liability for negligence is limited to the damages that were foreseeable. This ruling overturns the Polemis concept that a defendant is responsible for […] Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Email This BlogThis! 1961 A.C. 388. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. B. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. The crew negligently allowed furnace oil to leak. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. U. K. ) limited v. the Miller Steamship Co or Wagon Mound, was! 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