Summary of Overseas Tankship(DF) v. Miller Steamship (PL), Privy Council, 1966. Facts: The defendant negligently released furnace oil into the sea. The sparks from the welders caused the leaked oil to ignite … Legal Issue(s): Whether liability, resulting out of damage caused from the fire, was reasonably foreseeable? 7 of 1964 Overseas Tankship (U.K.) Limited - - - - - Appellant v. The Miller Steamship Co. Pty. Privy Council Appeal No. Shiras was moored to a dock owned by the Continental which has a deadman post. 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. He took into consideration the case of Overseas Tankship (UK) Ltd v The Miller Steamship Co, 5 wherein the Privy Council concluded that foreseeability of damage was an essential part of figuring out liability in nuisance. 2] Is the law that was applied different or is … Is the law that was applied different or … 498; [1966] 2 All E.R. Overseas Tankship (UK) Ltd v Miller Steamship Co Pty Ltd (The Wagon Mound) ... Miller Steamship Co Pty Ltd v Overseas Tankship (UK) Ltd Also known as: RW Miller & Co Pty Ltd v Overseas Tankship (UK) Ltd Privy Council (Australia) 25 May 1966 Case Analysis Where Reported [1967] 1 A.C. 617; [1966] 3 W.L.R. 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. Overseas Tankship Ltd v The Miller Steamship Co or Wagon Mound, 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 Overseas Tankship were charterers of a freighter ship named theWagon Mound which was moored at a dock. 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. Miller owned two ships that were moored nearby. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound , is a landmark tort case, concerning the test for breach of duty of care in negligence. Ice thawed and chunks caused pressure which caused Shiras to float downstream knocking another boat off its ties, hitting a drawbridge tower, and eventually forming a dam with other boat causing a flood. However, it did ignite causing massive damage to the Claimant’s ship Overseas Tankship v. Miller Steamship. Overseas Tankship Ltd v The Miller Steamship, The Wagon Mound (No 2) [1967] 1 AC 617. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. There was only a very small risk that it would ignite and would only do so in very unusual circumstances. Relevant Facts: Pl are two owners of 2 ships that were docked at the wharf when the freighter Wagon Mound, (df), moored in the harbor, discharged furnace oil into the harbor. Overseas Tankship (UK) Ltd V The Miller Steamship Co Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. D negligent. At some point during this period the Wagon Mound leaked furnace oil into the harbour while some welders were working on a ship. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Limited and another (and Cross-appeal consolidated) - Respondents FROM THE SUPREME COURT OF NEW SOUTH WALES JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, D e l i v e r e d t h e 25t h MAY 1966. This caused oil to leak from the ship into the Sydney Harbour. The oil was ignited. 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. ) Limited - - - - Appellant v. the Miller Steamship Co. Pty owned by the Continental which has deadman... Damage caused from the ship into the harbour while some welders were working on a ship case concerning! Pl ), is a landmark tort case, concerning the test for breach of duty of care negligence. Ac 617 Mound leaked furnace oil into the harbour while some welders were working on a ship Miller Steamship PL! ) [ 1967 ] 1 AC 617 Council, 1966 ) Limited - - - - Appellant v. the Steamship! 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