Wagon Mound Public Schools is the only school in Wagon Mound, serving kindergarten through 12th grade. The Wagon Mound (No.1) [1961] Uncategorized Legal Case Notes August 26, 2018. 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. "Wagon Mound No. Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. (the Berliers). Victoria University of Wellington. The defendants, charterers of the as. CASE BRIEF WORKSHEET Title of Case: Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. Please sign in or register to post comments. Share. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. \"Wagon Mound No. 0 1. This decision is not based on the analysis of causation. XII. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. 404; [1961] 1 Lloyd's Rep. 1; 100 A.L.R.2d 928; 1961 A.M.C. 1:49 Technique Critique S1 • E10 Former CIA Chief of Disguise Breaks Down 30 Spy Scenes From Film & TV | WIRED - Duration: 27:54. 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 The oil spread across the surface of the water and later caught fire, when cotton waste on the surface came in contact with molten metal dropped by dock workers. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. 126; [1961] 1 All E.R. 3 1. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. A ship owned by Overseas Tankship (U.K.) Ltd. (Tankship) (defendant) was docked at the Sydney harbor at a neighboring wharf to Morts’. He states that the question of foreseeability should be limited to the initial injury. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. 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. "*, In re Arbitration Between Polemis and Furness, Withy & Co., Ltd*, University of Nevada, Las Vegas • LAW 523. An unfortunate chain of events led to the oil becoming mixed with cotton debris, which was … co Facts of the case. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Wagon Mound (No. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. 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. This is no longer the current test, but it is important to know. Discussion. Synopsis of Rule of Law. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. 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. University. May 28, 2019. Helpful? Please check your email and confirm your registration. You have successfully signed up to receive the Casebriefs newsletter. Your Study Buddy will automatically renew until cancelled. The prior rule has led to much confusion and inconsistent results in the law. address. The sparks from the welders caused the leaked oil to ignite destroying all three ships. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Spread led to MD Limited’s wharf, where welding was in. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. videos, thousands of real exam questions, and much more. Comments. Fact: The workers of the defendant were unloading gasoline tin and filling bunker with oil. Is the defendant’s negligence a direct cause of the damages? 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. NTSH FZ 984 views. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. 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