In-house law team. Should the defendant be liable for damages which were not foreseeable? The Miller Steamship Co. Pty. Thus, the approach to establishing duties of care in tort requires consideration of both the extent and gravity of a possible injury. See Also â Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2) PC ([1967] 2 AC 617, Bailii, [1966] UKPC 1, [1966] 1 Lloydâs Rep 657, [1966] 2 All ER 709, [1966] 3 WLR 498) (New South Wales) When considering the need to take steps to avoid injury, the court looked to the nature of defendantâs activity. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. Court Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No. Morts owned and operated a dock in Sydney Harbour. Facts. Take a look at some weird laws from around the world! State To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. Lords Reid, Morris of Borth-Y-Gest, Pearce, Wilberforce, and Pearson The Wagon Mound should not be confused The Miller Steamship Co. Pty. All England Law Reports/1966/Volume 2/The Wagon Mound (No 2) Overseas Tankship (UK) Ltd v The Miller Steamship Co Pty Ltd and Another - [1966] 2 All ER 709 [ 1966 ] 2 All ER 709 At some point during this period the Wagon Mound leaked furnace oil into the harbour while some welders were working on a ship. He says that a reasonable man would only neglect such a risk if he had a valid reason for doing so – the costs, for example. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Overseas Tankship Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound, is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. The relevance of seriousness of possible harm in determining the extent of a party’s duty of care. Citation Citation: Overseas Tankship (UK) Ltd v Miller Steamship Co Pty Ltd (The "Wagon Mound" (No 2)) [1967] 1 AC 617 This information can be found in the Textbook: Sappideen, Vines, Grant & Watson, Torts: Commentary and Materials (Lawbook Co, 10th ed, 2009), pp. The Wagon Mound (No. 2)) [1963] 1 lloyd's rep. 402 Overseas Tankship were charterers of a freighter ship named the Wagon Mound which was moored at a dock. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 2) Wagon Mound was being refuelled and ship's engineers allowed oil to spill on water surface. miller steamship company, pty., ltd. v. overseas tankship (u.k.), ltd. r. w. miller & co., pty., ltd. v. same* (the "wagon mound" (no. Had the defendant breached his tortious duty of care in negligently allowing the oil to spill. 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. VAT Registration No: 842417633. Should the defendant be liable for damages which were not foreseeable? Add to My Bookmarks Export citation. Issue In most cases, scope of liability will turn on the facts and how the breach is framed. *You can also browse our support articles here >. Limited and another, Lords Reid, Morris of Borth-Y-Gest, Pearce, Wilberforce, and Pearson. Overseas Tankship (UK) Ltd v Miller Steamship Co Pty Ltd (The "Wagon Mound" (No 2)) [1967] 1 AC 617. is the harm among the risks that made the defendantâs conduct unreasonable? Eventually the oil did ignite when a piece of molten metal fell into the water ⦠Overseas Tankship (U.K.) Limited The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the sea near a wharf close to Sydney Harbour. 519-21 [13.175] or here Respondent Judicial Committee of the Privy Council cases, https://casebrief.fandom.com/wiki/Overseas_Tankship_(UK)_Ltd._v_The_Miller_Steamship_Co._(The_Wagon_Mound,_No._2)?oldid=11259, those where the risk of the result should not be regarded because it was thought to be impossible or too far-fetched to reasonably pay attention to; and. Australia Miller owned two ships that were moored nearby. 1967 The fire spread rapidly causing destruction of ⦠Moreover, a reasonably professional person on the ship would have been able to tell that the risk of fire existed. There was only a very small risk that it would ignite and would only do so in very unusual circumstances. The Defendants were the owners of the vessel Wagon Mound (Defendants). 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. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Do you have a 2:1 degree or higher? 2)) [19661 3 W.L.R. Area of law The trial court found in favor of Overseas, concluding that the likelihood of the oil igniting was so slight that the damage to Millerâs ships was not reasonably foreseeable. Case details: Overseas Tankship v Miller Steamship, The Wagon Mound (No 2) (1967) The owners of two ships damaged in the fire also sued the defendant. A large quantity of oil was spilled into the harbour. Free resources to assist you with your legal studies! 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. A ⦠A ⦠Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. [1967] 1 AC 645, [1966] 3 WLR 513, [1966] 2 All ER 989, [1966] UKPC 2, [1966] UKPC 12 See Also â 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. Looking for a flexible role? Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. Overseas Tankship (UK) Limited v Miller Steamship Co Pty Ltd (The "Wagon Mound" (No 2)) [1967] Paris v Stepney Borough Council [1951] AC *Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 Miller sued Overseas, the Wagon Mound âs owner, under theories of negligence and nuisance. 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). 498. As a result Morts continued to work, taking caution not to ignite the oil. Limited and another Judicial Committee of the Privy Council those where the risk was real and substantial. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 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. Notably, whilst this particular incident had already been considered in the equally impactful case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound) (No. Wagon Mound (No. Morts used welding and burning techniques. A vessel owned by Overseas Tankship (UK) Ltd (âOTâ), the âWagon Moundâ, was moored at Caltex Wharf on the opposite shore of the harbour, approximately 600 feet from Morts Wharf, to enable the discharge of gasoline products and taking in of furnace oil. Appellant Registered Data Controller No: Z1821391. Morts Dock & Engineering Co., Ltd. (Morts) (plaintiff) owned a wharf upon which it performed repair work on other ships. Owners of 2 ships were damages by fire while moored in Morts bay. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. An unfortunate chain of events led to the oil becoming mixed with cotton debris, which was subsequently ignited by the sparks coming off some nearby welding works. The Wagon Mound (No 1) should not be confused with the successor case of the Overseas Tankship v Miller Steamship or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care. Overseas Tankship Ltd v The Miller Steamship, The Wagon Mound (No 2) [1967] 1 AC 617 Facts : The defendant negligently released furnace oil into the sea. The sparks from the welders caused the leaked oil to ignite destroying all three ships. 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). The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. M) [1963] 1 Lloyd's Rep. 402, 428-430. Lord Reid, in discussing the concept of negligence, says that there are two kinds of negligence cases: He states that the occurrence in Bolton v Stone does not fall under the first classification, as it was foreseeable. The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. This caused oil to leak from the ship into the Sydney Harbour. He says that the Bolton decision found that it is justifiable not to take steps to eliminate a real risk if the risk of it is so very small that a reasonable person would think it right to neglect it. those where there was a real and substantial risk. The Wagon Mound (No 1) should not be confused with the successor case of the Overseas Tankship v Miller Steamship or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care. 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