The fire spread rapidly causing destruction of some boats and the wharf. The defendants spilled some furnace oil into the harbor. 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. Helpful? University. Is the defendant’s negligence a direct cause of the damages? 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. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. {1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. The Law of Torts (LAWS212) Academic year. 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. 2", Watson v. Kentucky & Indiana Bridge & R.R. The defendants negligently caused oil to spill into the Port of Sydney and do minimal damage to the plaintiff’s wharf. 1 . Facts. English and American cases on remoteness of damage. P owned two ships that were moored nearby. 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™. The … Held. The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. Comments. The Defendants were the owners of the vessel Wagon Mound (Defendants). It is an alternative to the foreseeability analysis of Wagon Mound and Palsgraf. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. Academic year. Discussion. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Sparks from the welders caused … Wagon Mound No. 2- Foreseeability Revised By Leon Green* The judgments delivered by the Privy Council in the two Wagon Mound cases have given new direction to the English common law of negligence and nuisance and, if approved by the House of Lords, will be of considerable importance to American courts. under proximate cause, the result is dismissed. The leaking oil on the water surface drifted to the site where Morts were welding metal. NTSH FZ 984 views. 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. The injury to Plaintiff’s property, though a direct result of the defendant’s negligence, was an unforeseeable consequence and liability does not attach. 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. 962; (1961) 105 S.J. Comments. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. This decision is not based on the analysis of causation. 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. A large quantity of oil was spilled into the harbour. co Facts of the case. 2. The natural consequences rule is overruled and reasonable foreseeability test is adopted. ACC Cases - Summary The Law of Torts Negligent Misstatement Case summary … Richmond, writing for a unanimous court, goes into a lengthy discussion of the Wagon Mound decision's true meaning. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. 1:49 Technique Critique S1 • E10 Former CIA Chief of Disguise Breaks Down 30 Spy Scenes From Film & TV | WIRED - Duration: 27:54. After several hours the oil drifted and was around two ships owned by the Miller Steamship Co that were being repaired nearby. As a result Morts continued to work, taking caution not to ignite the oil. 404; [1961] 1 Lloyd's Rep. 1; 100 A.L.R.2d 928; 1961 A.M.C. The fact of the case: “Wagon Mound” actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (1961). Year: 1961: Facts: 1. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. Held: 3. Detailed case brief Torts: Negligence. A supervisor enquired to find out whether the oil was flammable, which he was assured that it was not. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. You also agree to abide by our. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. The crew negligently allowed furnace oil to leak. The Wagon Mound (No.1) [1961] Uncategorized Legal Case Notes August 26, 2018. University. The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. May 28, 2019. 0 1. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Morts owned and operated a dock in Sydney Harbour. Spread led to MD Limited’s wharf, where welding was in. 1. The Wagon Mound principle. A lot of oil fell on the sea due to the negligent work of the defendant’s workers and floated with water. CASE BRIEF WORKSHEET Title of Case: Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. Victoria University of Wellington. A ship owned by Overseas Tankship (U.K.) Ltd. (Tankship) (defendant) was docked at the Sydney harbor at a neighboring wharf to Morts’. The relevance of seriousness of possible harm in determining the extent of a party’s duty of care. Brief Fact Summary. 2. The Law of Torts LAWS212. Share. WIRED Recommended for you Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. "Wagon Mound No. This takes the law beyond the principle that a man should be liable for the probable consequences of his actions. 126; [1961] 1 All E.R. The prior rule has led to much confusion and inconsistent results in the law. WHALES Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): D carelessly spilled a large quantity of oil Facts … 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. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Privy Council disapproved of Re Polemis. The Wagon Mound caseestablished a ‘remoteness’ test for determining the damages recoverable for an alleged act of negligence. Charterers of Wagon. Casebriefs is concerned with your security, please complete the following, Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, In re Arbitration Between Polemis and Furness, Withy & Co., Ltd, Overseas Tankship v. Morts Dock & Engineering Co., Ltd. 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