Eventually the oil did ignite when a piece of molten metal fell into the water … The defendant owned a freighter ship named the Wagon Mound which was moored at a dock. 2:30. Wagon Mound Public Schools is the only school in Wagon Mound, serving kindergarten through 12th grade. During this time, Tankships’ ship leaked oil into the harbor. The defendants, charterers of the as. 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. Wagon Mound Case II Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected. This takes the law beyond the principle that a man should be liable for the probable consequences of his actions. co Facts of the case. Share. Comments. progress. Share. 1", Overseas Tankship Ltd. V. Miller Steamship Co. "Wagon Mound No. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Academic year. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. address. You have successfully signed up to receive the Casebriefs newsletter. When molten metal dropped by Mort’s workmen later set floating cotton waste on fire, the oil caught fire and the wharf was badly damaged. Spread led to MD Limited’s wharf, where welding was in. Course. Year: 1961: Facts: 1. 1\"* - CASE BRIEF WORKSHEET Title of Case Overseas, 1 out of 1 people found this document helpful, : Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon, Mound No. The resulting fire damaged the wharf and two ships. Wagon Mound was moored 600 feet from the Plaintiff’s wharf when, due the Defendant’s negligence, she discharged furnace oil into the bay causing minor injury to the Plaintiff’s property. A ship owned by Overseas Tankship (U.K.) Ltd. (Tankship) (defendant) was docked at the Sydney harbor at a neighboring wharf to Morts’. Charterers of Wagon. Mort’s (P) wharf was damaged by fire due to negligence. under proximate cause, the result is dismissed. The defendants negligently caused oil to spill into the Port of Sydney and do minimal damage to the plaintiff’s wharf. Course Hero is not sponsored or endorsed by any college or university. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. WIRED Recommended for you If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Mound carelessly spilt fuel oil onto water when fuelling in harbour. 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. May 28, 2019. the suit was filed): Judgment was given for P, affirmed. 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. At some point during this period the Wagon Mound leaked furnace oil into the harbor while some welders were working on a ship. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. The fire spread rapidly causing destruction of some boats and the wharf. OpenLearn … Your Study Buddy will automatically renew until cancelled. A negligent act can be held … The sparks from the welders caused the leaked oil to ignite destroying all three ships. 404; [1961] 1 Lloyd's Rep. 1; 100 A.L.R.2d 928; 1961 A.M.C. It is an alternative to the foreseeability analysis of Wagon Mound and Palsgraf. CASE BRIEF WORKSHEET Title of Case: Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. The population of the school has been steadily decreasing and the student population is an estimated 67 as of the beginning of the 2008-2009 school year. The Wagon Mound principle. Was the defendant negligent? Issue. 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. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. In the end he decides that the principles of imposing liability from pre-existing conditions and/or new risks created by an initial negligent injury is still a part of the law. Please check your email and confirm your registration. 2. As a result Morts continued to work, taking caution not to ignite the oil. This decision is not based on the analysis of causation. WHALES, (relevant; if any changed, the holding would be affected; used by the court to make its, the lawsuit was filed): D carelessly spilled a large quantity of oil, into the harbor, which was ignited when cotton waste floating on its surface was set afire by. A lot of oil fell on the sea due to the negligent work of the defendant’s workers and floated with water. Discussion. 962; (1961) 105 S.J. The relevance of seriousness of possible harm in determining the extent of a party’s duty of care. 2", Watson v. Kentucky & Indiana Bridge & R.R. 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. Later, it caught on fire. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. The … The crew negligently allowed furnace oil to leak. The injury to Plaintiff’s property, though a direct result of the defendant’s negligence, was an unforeseeable consequence and liability does not attach. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. 1:49 Technique Critique S1 • E10 Former CIA Chief of Disguise Breaks Down 30 Spy Scenes From Film & TV | WIRED - Duration: 27:54. It is a key case which established the rule of remoteness in negligence. 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™. Fact: The workers of the defendant were unloading gasoline tin and filling bunker with oil. The Wagon Mound principle. 1. Thank you and the best of luck to you on your LSAT exam. 2) [1967] 1 AC 617. The ship suffered damage as a result of the fire. The oil drifted under a wharf thickly coating the water and the shore where other … Whether the fire that destroyed the Plaintiff’s wharf was a foreseeable consequence of the Defendant’s negligence. A supervisor enquired to find out whether the oil was flammable, which he was assured that it was not. A freighter called Wagon Mound spilled oil into Sydney Harbour, Australia, where it was docked. Synopsis of Rule of Law. The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. Brief Fact Summary. This is no longer the current test, but it is important to know. Overseas Tankship chartered a freighter ship named the Wagon Mound which was taking on bunker oil at Mort's Dock in Sydney. 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. (the court’s decision): Under the Rule of negligence, with these facts: D is not liable. 0 1. Your Study Buddy will automatically renew until cancelled. Helpful? Co. 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