0000000016 00000 n The engineers of the Wagon Mound were careless in taking furnace oil aboard in Sydney Harbour. At issue for the court was what effect the recent Wagon Mound decision should have on a case 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. Posted on March 24, 2016 Written By Olanrewaju Olamide. Wagon Mound, while taking on bunkering oil at the Caltex wharf in Sydney Harbour, carelessly Mort’s (P) wharf was damaged by fire due to negligence. 0 The plaintiff sought damages from the defendant employer for injuries (cancer and death) that were consequential on an initial injury (burn). Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. 0000001354 00000 n THE WAGON MOUND [1961] A.C. 388 Landmark decision. When the respondents' works manager became aware of the condition of things on the vicinity of the wharf he instructed their workmen that no welding or burning was to be carried on until further orders. 1) and The Wagon Mound … Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. 1) and The Wagon Mound (No.1 Wha 2). 0000001226 00000 n Overseas Tankship Ltd. V. Miller Steamship Co. "Wagon Mound No. H��UMo�8��W�V��Y��h��n� ��X(�����][B���%R��:�E�H�p����H *��4a��-�Lq \4����r��E�������)R�d�%g����[�i�I��qE���H�%��_D�lC�S�D�K4�,3$[%�����8���&'�w�gA{. 2646 Words 11 Pages. THE WAGON MOUND The Wagon Mound (as the decision will be called for short) involved liability for damage done by fire, like many of the leading English and American cases on remoteness of damage. trailer Lawyers rely on case notes - summaries of the judgments - to save time. About Legal Case Notes. Aradhya Gupta LAWVITA Recommended for you 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). The" Wagon Mound" unberthed and set sail very shortly after. 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. Remoteness-The Wagon Mound No. oil from the ss. Facts 123 0 obj <> endobj The Wagon Mound No.2 [1967] 1 AC 617 Privy Council The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. Overseas Tankship (UK) Ltd v The Miller Steamship Co or The Wagon Mound (No 2) [1967] 1 AC 617 is a landmark tort case, concerning the test for breach of duty of care in negligence. Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. Areas of applicable law: Tort law – Negligence – foreseeability. question whether damage is too remote to ground an action, because in the former case the test is stricter. 368 0 obj <>stream Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. particular case 'there can be no liability until damage has been done's and their Lordships then say 'liability is in respect of that damage and no other . 0000009883 00000 n TORT CASES (DENIS MARINGO) TORT, TORTS, TORT CASES, LAWSUITS, PERSONAL INJURY LAWYER, DEFAMATION LIBEL SLANDER NEWSPAPERS INNUENDO, SLIP ... 2013. Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. 356 0 obj <>/Filter/FlateDecode/ID[]/Index[350 19]/Info 349 0 R/Length 51/Prev 51704/Root 351 0 R/Size 369/Type/XRef/W[1 2 1]>>stream 0000008055 00000 n 0000005064 00000 n ,C�1p�l=�u����A��*�������q6����. xref oil from the ss. %%EOF 1 Case overturned previous ruling that the defendant was liable for all damages which were a direct consequence of the tort alleged-The Wagon Mound case replaced the test with a test of reasonable foreseeability-The question then becomes determining how likely, or probable the risk was. 0000008953 00000 n No comments: Post a Comment. (��;���eL���$e� SV0m)2+-�d.��V��IR�uC� The cases will go down to posterity as The Wagon Mound (No. Remoteness; Judgment. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. 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