wagon mound torts case

Liability for negligence is limited to the damages that were foreseeable. Facts: The issue in this case was whether or not the fire was forseeable. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. 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. TORT CASES (DENIS MARINGO) TORT, TORTS, TORT CASES, LAWSUITS, PERSONAL INJURY LAWYER, DEFAMATION LIBEL SLANDER NEWSPAPERS INNUENDO, SLIP AND FALL, NEGLIGENCE, DAMAGES, NUISANCE ... 2013. 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 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). Facts Access This Case Brief for Free With a 7-Day Free Trial Membership. Posted by DENIS MARINGO at 4:54 AM. 1961 A.C. 388. THE WAGON MOUND [1961] A.C. 388 Landmark decision. The" Wagon Mound" unberthed and set sail very shortly after. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. (Wharf lit on fire by oil spilled from nearby ship.) The crew negligently allowed furnace oil to leak. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. ; The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents. 1) [1961] 1 All E.R. Categories: There are three broad categories of torts, and there are individual named torts within each category: 1. Email This BlogThis! B. 404 (Privy Council Austl.)). The Wagon Mound Case In this case, the appellants’ vessel was taking oil in Sydney Harbor at the Caltex wharf. Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. A large quantity of oil was spilled into the harbour. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. 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 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. The escaped oil was carried by wind and tide beneath a wharf owned by the respondents, who were shipbuilders and ship-repairers. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. Through the carelessness of their servants, a large quantity of oil was allowed to spill into the harbour. This ruling overturns the Polemis concept that a defendant is responsible for […] Overseas Tankship (U. K. ) Limited v. 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