Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. 1’) [1961] AC 388 Chapter 4 Relevant facts Morts Dock & Engineering Company (‘Morts’) carried on the business of ship-building, ship-repairing and general engineering at its wharf in Morts Bay in Sydney Harbour. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. As a result Morts continued to work, taking caution not to ignite the oil. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or The Wagon Mound (No 1) [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961 References: [1961] AC 388, [1961] UKPC 2, [1961] UKPC 2, 100 ALR2d 928, [1961] 2 WLR 126, [1961] 1 Lloyd’s Rep, 1961 AMC 962, [1961] 1 All ER 404 Remoteness . [ Wagon Mound No. (Wharf lit on fire by oil spilled from nearby ship.) A large quantity of oil was spilled into the harbour. On appeal, the Privy Council in that case held that imposing negligence liability for a careless act was improper where damages were not reasonably foreseeable. The π's dock supervisor suspended welding operations until he determined that the oil was not flammable while it was floating on the water [huh? Wagon Mound should not be confused with the previous case of the Overseas Tankship Ltd … In this case, the damage caused to the wharf by the fire and the furnace oil being set alight could not be foreseen by a reasonable person. Judicial Committee of the Privy Council cases, https://casebrief.fandom.com/wiki/Overseas_Tankship_(UK)_Ltd._v_Morts_Dock_%26_Engineering_(The_Wagon_Mound,_No._1)?oldid=9056. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. The issue in this case was whether the crew could be liable for the damage to the wharf that was caused by the fire. Overseas Tankship (UK) Ltd. v Morts Dock & Engineering (The Wagon Mound, No. The oil caught fire, and caused great damage. Overseas Tankship Ltd v The Miller Steamship Co or Wagon Mound, is a landmark tort case, concerning the test for breach of duty of care in negligence. 1)" [1961] UKPC 2 is a landmark tort law case, which imposed a remoteness rule for causation in negligence. This caused significant damage to Mort’s wharf. 1) [1961] AC 388, the instant case concerned the test for breach of duty … Overseas Tankship were found liable for the damage to the ship berthed at the dock in The Wagon Mound, No. The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, [1] commonly known as Wagon Mound (No. On Judicial Committee of the Privy Council Overseas Tankship (U.K.) L.td. The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of whether the harm suffered by … Eventually the oil did ignite when a piece of molten metal fell into the water and ignited a rag that in turn ignited the oil. He states that liability is in respect of the damage caused by the action alone. The crew members of the Overseas Tankship (UK) Ltd were working on a ship, when they failed to turn off one of the furnace taps. 1 ]. The oil caught fire, and caused great damage. A large quantity of oil was spilled into the harbour. Do you have a 2:1 degree or higher? Torts • Add Comment-8″?> faultCode 403 faultString ... Overseas Tankship v. Miller Steamship Case Brief | 4 Law School; More Info. The crew had carelessly allowed furnace oil … Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (Wagon Mound (No. 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 . Overseas Tankship chartered the ‘Wagon Mound’ vessel, which was to be used to transport oil. Sparks from the welders ignited the oil, destroying the Wagon Mound and the two ships being repaired. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No 1)" [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. 5 minutes know interesting legal matters Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound (No 1)) [1961] AC 388 PC (UK Caselaw) 'remoteness of damage' test. 1) The sparks from the welders caused the leaked oil to ignite destroying all three ships. In addition, would this also be the case even if it was unforeseeable, but a result of a negligent act. Overseas Tankship (U.K.) Limited - Appellants v. Morts Dock & Engineering Company Limited - Respondents 2 Miller owned two ships that were moored nearby. The crew members of the Overseas Tankship (UK) Ltd were working on a ship, when they failed to turn off one of the furnace taps. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. In this case furnace oil was spilt into Sydney Harbour from a ship, the "Wagon -Some of the oil spilled, concentrated at P’s wharf.-P stopped welding activities and assessed the danger. Overseas Tankship (U.K.) Ltd v Morts Dock & Engineering Company Ltd [1961] UKPC 1 (18 January 1961) Privy Council Appeal No. Thus, the Polemis test is overturned. Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. The court finds that it was not reasonable that Overseas Tankship would expect their spilling of oil to result in the large fire that happened, and therefore they are not liable for the damages sustained by Morts. Respondent Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd.. Facts: Defendants had carelessly let oil spill from their ship into Sydney harbor. Overseas Tankship (UK) Ltd. v Morts Dock & Engineering (The Wagon Mound, No. 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. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. This caused oil to leak from the ship into the Sydney Harbour. 2 Overseas Tankship (U.K.) Ltd v. Morts Dock b Engineering Co. Ltd (The Wagon Mound) [1961] z W.L.R. 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. Overseas Tankship v. Morts Dock (Wagon Mound) case summary FACTS-Morts (the plaintiff) was refitting a ship at a wharf, and a ship owned by Overseas (D) was taking on oil at a wharf that was near by. In this case furnace oil was spilt into Sydney Harbour from a ship, the "Wagon Overseas Tankship v. Morts Dock (Wagon Mound) case summary FACTS-Morts (the plaintiff) was refitting a ship at a wharf, and a ship owned by Overseas (D) was taking on oil at a wharf that was near by. This oil drifted across the dock, eventually surrounding two other ships being repaired. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company Ltd Contains public sector information licensed under the Open Government Licence v3.0. VAT Registration No: 842417633. Morts was successful in obtaining damages at trial, which Overseas Tankship appealed. The Daubert v. Merrell Dow Pharmaceuticals case involved a question of expert testimony and the causation of the plaintiff's injuries. Liability for damages is based upon the reasonable foreseeability of the outcome. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. Attorneys Wanted. Registered Data Controller No: Z1821391. Oil was carried to wharf, which was used for repair work on other ships. Why Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) is important. 2)] In Petition of Kinsman Transit Co. §29 Limitations on Liability for Tortious Conduct Country Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. New South Wales 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council [2] held that a party can be held liable only for loss that was reasonably foreseeable. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No. Morts used welding and burning techniques. Morts owned and operated a dock in Sydney Harbour. Free resources to assist you with your legal studies! co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. This ruling overturns the Polemis concept that a defendant is responsible for […] Reference this Viscount Simonds and Lords Reid, Radcliffe, Tucker, and Morris of Borth-y-Gest. *You can also browse our support articles here >. If the liability for injuries depends on the foreseeability of the plaintiff as an injured party, then the liability for damages should depend on the foreseeability of the resulting damages. Issue The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. Citation: Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The "Wagon Mound" (No 1)) [1961] AC 388 This information can be found in the Textbook: Sappideen, Vines, Grant & Watson, Torts: Commentary and Materials (Lawbook Co, 10th ed, 2009), pp. The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. This caused oil to leak from the ship into the Sydney Harbour. The Privy Council held that a party can be held liable only for … Does the type of injury need to be foreseeable. Held: Re Polemis can no longer be regarded as good law. Area of law Judicial Committee of the Privy Council; Viscount Simonds, Lord Reid, Lord Radcliffe, Lord Tucker, Lord Morris of Borth-y-Gest. 1), [1961] AC 388 Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No 1)" [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. 1)) Case Brief - Rule of Law: Defendant is not liable for the damage Every Bundle includes the … Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. v Morts Dock & Engineering Co., Ltd [The Wagon Mound (No. Court Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 2. Take your favorite fandoms with you and never miss a beat. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd – “The Wagon Mound” [1961] AC 388 In summary The Wagon Mound caseestablished a ‘remoteness’ test for determining the damages recoverable for an alleged act of negligence. true. 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. 1" Brief: Case Citation: [1961] A.C. 388. Case Brief Wiki is a FANDOM Lifestyle Community. In Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. Ltd. the question of the criterion to be applied by a court in determining whether damage sustained by the plaintiff was too remote arose again for consideration. Considerable damage was sustained both by the wharf and the ship docked there. Company Registration No: 4964706. 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