; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. 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. Share to Twitter … 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. 1) [1961] 1 All E.R. (Wharf lit on fire by oil spilled from nearby ship.) 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 … The" Wagon Mound" unberthed and set sail very shortly after. Liability for negligence is limited to the damages that were foreseeable. The crew negligently allowed furnace oil to leak. This ruling overturns the Polemis concept that a defendant is responsible for […] Email This BlogThis! Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. The Wagon Mound Case In this case, the appellants’ vessel was taking oil in Sydney Harbor at the Caltex wharf. A large quantity of oil was spilled into the harbour. B. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. ... 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 … 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). Through the carelessness of their servants, a large quantity of oil was allowed to spill into the harbour. Categories: There are three broad categories of torts, and there are individual named torts within each category: 1. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. 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. Facts: The issue in this case was whether or not the fire was forseeable. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. Access This Case Brief for Free With a 7-Day Free Trial Membership. 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 (a ship) docked in Sydney Harbour in October 1951. 404 (Privy Council Austl.)). Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. THE WAGON MOUND [1961] A.C. 388 Landmark decision. Facts The escaped oil was carried by wind and tide beneath a wharf owned by the respondents, who were shipbuilders and ship-repairers. Posted by DENIS MARINGO at 4:54 AM. 1961 A.C. 388. 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