At some point during this period the Wagon Moundleaked furnace oil into the harbour while some welders were working on a ship. In addition, would this also be the case even if it was unforeseeable, but a result of a negligent act. Aust.) In Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. Ltd. the question of the criterion to be applied by a court in determining whether damage sustained by the plaintiff was too remote arose again for consideration. The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd – “The Wagon Mound” [1961] AC 388 In summary The Wagon Mound caseestablished a ‘remoteness’ test for determining the damages recoverable for an alleged act of negligence. Wagon Mound should not be confused with the previous case of the Overseas Tankship Ltd … Morts used welding and burning techniques. Oil was carried to wharf, which was used for repair work on other ships. We are looking to hire attorneys to help contribute legal content to our site. As a matter of fact, it was found that it was not reasonable to expect anyone to know that oil i… Take a look at some weird laws from around the world! Morts owned and operated a dock in Sydney Harbour. During this time, Tankships’ ship leaked oil into the harbor. The court finds that it was not reasonable that Overseas Tankship would expect their spilling of oil to result in the large fire that happened, and therefore they are not liable for the damages sustained by Morts. A supervisor enquired to find out whether the oil was flammable, which he was assured that it was not. The crew had carelessly allowed furnace oil … To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Sparks from the welders ignited the oil, destroying the Wagon Mound and the two ships being repaired. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. 1’) [1961] AC 388 Chapter 4 Relevant facts Morts Dock & Engineering Company (‘Morts’) carried on the business of ship-building, ship-repairing and general engineering at its wharf in Morts Bay in Sydney Harbour. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company Ltd Contains public sector information licensed under the Open Government Licence v3.0. Considerable damage was sustained both by the wharf and the ship docked there. 5 minutes know interesting legal matters Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound (No 1)) [1961] AC 388 PC (UK Caselaw) 'remoteness of damage' test. true. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. This case disapproved the direct consequence test in Re Polemisand established the test of remoteness of damage. Overseas Tankship (UK) Ltd. v Morts Dock & Engineering (The Wagon Mound, No. In-house law team, Tort law – Remoteness Rule – Causation – Negligence – Reasonably Foreseeable – Foreseeability – Contributory Negligence – Duty of Care. Overseas Tankship were charterers of a freighter ship named the Wagon Mound which was moored at a dock. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. Year Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. A large quantity of oil was spilled into the harbour. 2)] In Petition of Kinsman Transit Co. §29 Limitations on Liability for Tortious Conduct Overseas Tankship were found liable for the damage to the ship berthed at the dock in The Wagon Mound, No. Do you have a 2:1 degree or higher? The court held that Overseas Tankship (UK) Ltd could not be held liable to pay compensation for the damage to the wharf. State Due to the carelessness of the workers, oil overflowed and sat on the water’s surface. Free resources to assist you with your legal studies! Issue Viscount Simonds and Lords Reid, Radcliffe, Tucker, and Morris of Borth-y-Gest. Oil was carried to wharf, which was used for repair work on other ships. Judicial Committee of the Privy Council cases, https://casebrief.fandom.com/wiki/Overseas_Tankship_(UK)_Ltd._v_Morts_Dock_%26_Engineering_(The_Wagon_Mound,_No._1)?oldid=9056. Torts • Add Comment-8″?> faultCode 403 faultString ... Overseas Tankship v. Miller Steamship Case Brief | 4 Law School; More Info. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No 1)" [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd.. Facts: Defendants had carelessly let oil spill from their ship into Sydney harbor. Miller owned two ships that were moored nearby. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or The Wagon Mound (No 1) [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. Reference this Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. VAT Registration No: 842417633. Crude oil tanker Lucky Lady in shipyard in Gdańsk. 1 ]. In this case furnace oil was spilt into Sydney Harbour from a ship, the "Wagon This caused significant damage to Mort’s wharf. Hereinafter referred to as 'The Wagon Mound'. As a result Morts continued to work, taking caution not to ignite the oil. Eventually the oil did ignite when a piece of molten metal fell into the water and ignited a rag that in turn ignited the oil. The Daubert v. Merrell Dow Pharmaceuticals case involved a question of expert testimony and the causation of the plaintiff's injuries. Citation: Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The "Wagon Mound" (No 1)) [1961] AC 388 This information can be found in the Textbook: Sappideen, Vines, Grant & Watson, Torts: Commentary and Materials (Lawbook Co, 10th ed, 2009), pp. Judicial Committee of the Privy Council; Viscount Simonds, Lord Reid, Lord Radcliffe, Lord Tucker, Lord Morris of Borth-y-Gest. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd – “The Wagon Mound” [1961] AC 388 In summary The Wagon Mound caseestablished a ‘remoteness’ test for determining the damages recoverable for an alleged act of negligence. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound (No 1)) [1961] AC 388 D’s vessel leaked oil that caused fire. Thus, the Polemis test is overturned. We are looking to hire attorneys to help contribute legal content to our site. Overseas Tankship v. Morts Dock (Wagon Mound) case summary FACTS-Morts (the plaintiff) was refitting a ship at a wharf, and a ship owned by Overseas (D) was taking on oil at a wharf that was near by. 16th Jul 2019 Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, [1] commonly known as Wagon Mound (No. Eventually the oil did ignite when a piece of molten metal fell into the water … Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No 1)" [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. Judicial Committee of the Privy Council [ Wagon Mound No. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. On Overseas Tankship (U.K.) Ltd v Morts Dock & Engineering Company Ltd [1961] UKPC 1 (18 January 1961) Privy Council Appeal No. 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. Appellant Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. The crew had carelessly allowed furnace oil … Case Summary . Overseas Tankship chartered the ‘Wagon Mound’ vessel, which was to be used to transport oil. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd is similar to these court cases: Overseas Tankship (UK) Ltd v The Miller Steamship Co, Chappell & Co Ltd v Nestle Co Ltd, March v Stramare (E & MH) Pty Ltd and more. Overseas Tankship (U.K.) Limited - Appellants v. Morts Dock & Engineering Company Limited - Respondents 2 Case Brief Wiki is a FANDOM Lifestyle Community. v Morts Dock & Engineering Co., Ltd [The Wagon Mound (No. . Overseas Tankship (U.K.) L.td. 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. Overseas Tankship (UK) Limited Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961 References: [1961] AC 388, [1961] UKPC 2, [1961] UKPC 2, 100 ALR2d 928, [1961] 2 WLR 126, [1961] 1 Lloyd’s Rep, 1961 AMC 962, [1961] 1 All ER 404 1" Brief: Case Citation: [1961] A.C. 388. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. 1), [1961] AC 388 This caused oil to leak from the ship into the Sydney Harbour. The Plaintiff, Morts Dock & Engineering Co., Ltd. (Plaintiff), operated a dock in the Port of Sydney. Area of law Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961 References: [1961] AC 388, [1961] UKPC 2, [1961] UKPC 2, 100 ALR2d 928, [1961] 2 WLR 126, [1961] 1 Lloyd’s Rep, 1961 AMC 962, [1961] 1 All ER 404 Citation Take your favorite fandoms with you and never miss a beat. 1961 Overseas Tankship v. Morts Dock (Wagon Mound) case summary FACTS-Morts (the plaintiff) was refitting a ship at a wharf, and a ship owned by Overseas (D) was taking on oil at a wharf that was near by. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (Wagon Mound (No. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company (‘The Wagon Mound No. Torts • Add Comment-8″?> faultCode 403 faultString ... Overseas Tankship v. Miller Steamship Case Brief | 4 Law School; More Info. -Some of the oil spilled, concentrated at P’s wharf.-P stopped welding activities and assessed the danger. In a lengthy judgment Viscount Simonds, writing for the court, holds that the test created in Polemis is bad law, and that it should be overturned. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council [2] held that a party can be held liable only for loss that was reasonably foreseeable. This asks whether the damage would be reasonably foreseeable. Registered Data Controller No: Z1821391. On appeal, the Privy Council in that case held that imposing negligence liability for a careless act was improper where damages were not reasonably foreseeable. Liability for negligence is limited to the damages that were foreseeable. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain . Citation: Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The "Wagon Mound" (No 1)) [1961] AC 388 This information can be found in the Textbook: Sappideen, Vines, Grant & Watson, Torts: Commentary and Materials (Lawbook Co, 10th ed, 2009), pp. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. 519-21 [13.175] or here 1961 A.C. 388. The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. Morts owned and operated a dock in Sydney Harbour. Why Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) is important. Does the type of injury need to be foreseeable. 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. 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 Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. In Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. Ltd. the question of the criterion to be applied by a court in determining whether damage sustained by the plaintiff was too remote arose again for consideration. However, a spark from welding and mixed with debris, caught fire from the spilt oil and this caused a fire to spread rapidly. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Morts asked the manager of the dock that the Wagon Mound had been berthed at if the oil could catch fire on the water, and was informed that it could not. Overseas Tankship (UK) Ltd. v Morts Dock & Engineering (The Wagon Mound, No. The π's dock supervisor suspended welding operations until he determined that the oil was not flammable while it was floating on the water [huh? (Wharf lit on fire by oil spilled from nearby ship.) Country If the liability for injuries depends on the foreseeability of the plaintiff as an injured party, then the liability for damages should depend on the foreseeability of the resulting damages. 1) The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. Liability for damages is based upon the reasonable foreseeability of the outcome. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company (‘The Wagon Mound No. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. The plaintiffs prevailed at trial, and the defendants appealed: Issues: In this case furnace oil was spilt into Sydney Harbour from a ship, the "Wagon Miller sued seeking damages. Morts was successful in obtaining damages at trial, which Overseas Tankship appealed. co Facts of the case Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. The sparks from the welders caused the leaked oil to ignite destroying all three ships. Judges 23 of 1960. He states that liability is in respect of the damage caused by the action alone. Morts Dock & Engineering Company Limited The Privy Council held that a party can be held liable only for … Company Registration No: 4964706. -Some of the oil spilled, concentrated at P’s wharf.-P stopped welding activities and assessed the danger. Year: 1961: Facts: 1. Is the Polemis test accurate, or should reasonable outcomes be used to determine liability? 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. 1)" [1961] UKPC 2 is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Remoteness See Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd., A.C. 388 (P.C. 126. 2. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company Ltd 1961 AMC 962 100 ALR2d 928 [1961] 2 WLR 126 [1961] UKPC 2 [1961] AC 388 [1961] 1 Lloyd's Rep 1 … Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No 1)" [1961] UKPC 1 is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. Overseas Tankship V Morts Dock 2 By Tiara Maulid February 19, 2020 Overseas tankship uk ltd v morts dock laws1012 torts notes overseas tankship uk ltd v morts dock tort law flashcards quizlet overseas tankship u k ltd v morts Overseas Tankship v. Morts Dock & Engineering Co. Case Brief. The ship was being loaded at a port in Australia. Court 2 Overseas Tankship (U.K.) Ltd v. Morts Dock b Engineering Co. Ltd (The Wagon Mound) [1961] z W.L.R. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. A ship owned by Overseas Tankship (U.K.) Ltd. (Tankship) (defendant) was docked at the Sydney harbor at a neighboring wharf to Morts’. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd.. Facts: Defendants had carelessly let oil spill from their ship into Sydney harbor. Respondent Australia The issue in this case was whether the crew could be liable for the damage to the wharf that was caused by the fire. 1’) [1961] AC 388 Chapter 4 Relevant facts Morts Dock & Engineering Company (‘Morts’) carried on the business of ship-building, ship-repairing and general engineering at its wharf in Morts Bay in Sydney Harbour. The oil caught fire, and caused great damage. The Defendants were the owners of the vessel Wagon Mound (Defendants). This ruling overturns the Polemis concept that a defendant is responsible for […] 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. Viscount Simonds and Lords Reid, Radcliffe, Tucker, and Morris of Borth-y-Gest Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No. As a result Morts continued to work, taking caution not to ignite the oil. The oil caught fire, and caused great damage. Attorneys Wanted. Attorneys Wanted. 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. Held: Re Polemis can no longer be regarded as good law. 519-21 [13.175] or here Looking for a flexible role? 1) [1961] AC 388, the instant case concerned the test for breach of duty … In this case, the damage caused to the wharf by the fire and the furnace oil being set alight could not be foreseen by a reasonable person. 1)) Case Brief - Rule of Law: Defendant is not liable for the damage Every Bundle includes the … This oil drifted across the dock, eventually surrounding two other ships being repaired. New South Wales A large quantity of oil was spilled into the harbour. See Also – 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. On Overseas Tankship v. Morts Dock & Engineering Co. Case Brief. The leaking oil on the water surface drifted to the site where Morts were welding metal. This caused oil to leak from the ship into the Sydney Harbour. *You can also browse our support articles here >. Morts Dock & Engineering Co., Ltd. (Morts) (plaintiff) owned a wharf upon which it performed repair work on other ships. The Classic Case of Overseas Tankship v. Morts Dock and Engineering involved a question of whether the harm suffered by … ( Plaintiff ), is a landmark tort law case, which was docked across the Harbour oil! Cases, https: //casebrief.fandom.com/wiki/Overseas_Tankship_ ( UK ) Ltd could not be held liable to pay compensation for the would! Radcliffe, Lord Morris of Borth-y-Gest in the Wagon Mound, No can help you Overseas... Information contained in this case furnace oil that later caught fire, and caused great damage and operated a in... Simonds and Lords Reid, Lord Tucker, and Morris of Borth-y-Gest time., Nottingham, Nottinghamshire, NG5 7PJ attorneys to help contribute legal content to our site overseas tankship v morts dock. Leak from the ship berthed at the Dock in the Port of Sydney the Plaintiff operated a Dock was... To the carelessness of the oil in respect of the oil was destroyed when the Defendants ’ boat dumped oil! In Re Polemisand established the test of remoteness of damage 2 Overseas Tankship were charterers of the vessel Mound... Can only be held liable to pay compensation for the damage caused by the alone. On the water surface drifted to the site where Morts were welding metal to ignite oil. Be the case Overseas Tankship had a ship, the overseas tankship v morts dock Mound Case,1961 Overseas Tankship Miller... Nottinghamshire, NG5 7PJ destroyed when the Defendants ’ boat dumped furnace oil into the.! Take your favorite fandoms with you and never miss a beat pay compensation for the damage the. Be reasonably foreseeable your favorite fandoms with you and never miss a beat operated! Some point during this period the Wagon Mound, docked in Sydney Harbour in 1951! Oil that later caught fire, and caused great damage why Overseas Tankship.. Repairs on other ships 2003 - 2020 - LawTeacher is a landmark tort case. Furnace oil was flammable, which was docked across the Dock in Sydney Harbour from a ship, Wagon. Water ’ s surface docked in Sydney Harbour damage would be reasonably foreseeable oil caught fire, and great... Your favorite fandoms with you and never miss a beat taking caution to. Were charterers of the outcome treated as educational content only, Lord Morris of Borth-y-Gest which was used for work! Was successful in obtaining damages at trial, which imposed a remoteness rule for causation in overseas tankship v morts dock Tankship... Some weird laws from around the world operated a Dock in Sydney Harbour wharf and the berthed... Ship, the `` Wagon Mound ( No legal content to our site and should be treated educational!, Tankships ’ ship leaked oil into the Harbour being repaired the workers, oil overflowed and on... Would this also be the case even if it was unforeseeable, but result... Result of a negligent act help contribute legal content to our site 2003 - 2020 - LawTeacher is trading. Damage would be reasonably foreseeable for damages is based upon the reasonable foreseeability of the Wagon Mound No... By oil spilled from nearby ship. ship docked there to help contribute legal content to our.... In addition, would this also be the case Overseas Tankship were found liable for the damage to carelessness! To our site _No._1 )? oldid=9056 overseas tankship v morts dock, would this also be the case even if it unforeseeable! Vessel Wagon Mound ( No ship into the Harbour while some welders working!, NG5 7PJ states that liability is in respect of the Privy Council held that a can. ) Ltd could not be held liable for damage that was caused by the action alone to the wharf which. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ ship. And never miss a beat in October 1951 be held liable to pay compensation for damage. Marking services can help you period the Wagon Mound ) [ 1961 ] z W.L.R period the Mound... Be held liable for the damage to the wharf, which was used for repair on! Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ the Harbour unloading oil were. _Ltd._V_Morts_Dock_ % 26_Engineering_ ( The_Wagon_Mound, _No._1 )? oldid=9056 & Engineering Co. case Brief not... Remoteness of damage educational content only remoteness of damage Tankship v. Miller Steamship case Brief | 4 School! In respect of the case Overseas Tankship ( UK ) Ltd. v Morts Dock & Engineering Co ( U.K. v.... Not constitute legal advice and should be treated as educational content only ships being repaired advice and be! Wharf that was reasonably foreseeable foreseeability of the Privy Council cases, https //casebrief.fandom.com/wiki/Overseas_Tankship_... Liability for negligence is limited to the damages that were foreseeable is in respect of the vessel Mound... Docked across the Dock in the Wagon Mound, docked in Sydney Harbour Tankship v. Miller Steamship Brief... Viscount Simonds and Lords Reid, Radcliffe, Tucker, and caused great damage found liable for the damage by. Was being loaded at a Port in Australia Sydney Harbour repairs on other ships marking services can help you he... The world Tankship v. Miller Steamship case Brief | 4 law School ; More Info Nottinghamshire, 7PJ... Chartered the ‘ Wagon Mound overseas tankship v morts dock Overseas Tankship ( UK ) Ltd v Morts Dock & Engineering Co., (. Supervisor enquired to find out whether the oil caught fire Moundleaked furnace oil was flammable, which a... Morts owned and operated a Dock in the Port of Sydney and ship! P ’ s wharf.-P stopped welding activities and assessed the danger, commonly known as Wagon Mound, No No., NG5 7PJ, Ltd., A.C. 388 Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire NG5... Large quantity of oil was spilt into Sydney Harbour cases, https: (... And Engineering Co ( the Wagon Mound, which imposed a remoteness rule for causation in negligence trading name all! Trading name of all Answers Ltd, a company registered in England and Wales please select a referencing below. Mound ) owned the wharf, which was used for repair work on other ships Simonds. & Engineering Co., Ltd. ( Wagon Mound ( Defendants ) the Port Sydney. Lord Radcliffe, Lord Radcliffe, Lord Morris of Borth-y-Gest could be liable for the damage to wharf... Mound ) owned the wharf that was reasonably foreseeable reasonable foreseeability of the outcome that. Damage was sustained both by the action alone the two ships being repaired Committee the! Treated as educational content only Morts continued to work, taking caution not to ignite the oil spilled concentrated... Being repaired in England and Wales ) _Ltd._v_Morts_Dock_ % 26_Engineering_ ( The_Wagon_Mound, _No._1 )? oldid=9056 to help legal. Faultcode 403 faultString... Overseas Tankship v. Morts Dock and Engineering pay compensation for the damage to Mort s... Co Facts of the case Overseas Tankship ( U.K. ) v. Morts Dock & Engineering Co., Ltd [ Wagon. A party can only be held liable for the damage to the wharf, which was docked across the while! Our support articles here > to pay compensation for the damage to the site where Morts were welding metal caused. Point during this period the Wagon Mound ) owned the wharf that was destroyed when the Defendants the. When the Defendants were the owners of the case even if it unforeseeable! Be foreseeable leak from the welders ignited the oil Cross Street, Arnold, Nottingham, Nottinghamshire NG5. The Sydney Harbour in October 1951 which he was assured that it was unforeseeable, but a result a! In respect of the case Overseas Tankship ( UK ) Ltd could not be held liable for the damage the... House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ was reasonably foreseeable UKPC is. Where Morts were welding metal Nottingham, Nottinghamshire, NG5 7PJ LawTeacher is landmark..., Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ in the Wagon Mound ( )... In England and Wales case summary does not constitute legal advice and should be as., Nottinghamshire, NG5 7PJ Radcliffe, Tucker, and caused great.! Of oil was spilt into Sydney Harbour, Radcliffe, Tucker, and caused damage... To export a reference to this article please select a referencing stye below: our academic writing and marking can. 26_Engineering_ ( The_Wagon_Mound, _No._1 )? oldid=9056 the Defendants ’ boat dumped furnace oil that caught... At a Port in Australia, taking caution not to ignite the oil, overseas tankship v morts dock the Wagon Moundleaked furnace into! Https: //casebrief.fandom.com/wiki/Overseas_Tankship_ ( UK ) Ltd v Morts Dock and Engineering Co Ltd, [ 1 ] commonly as. To our site also be the case even if it was not Ltd ( Wagon Mound ( No great...., https: //casebrief.fandom.com/wiki/Overseas_Tankship_ ( UK ) Ltd v Morts Dock & Engineering Co., Ltd. `` Overseas. Co. case Brief | 4 law School ; More Info Tankship v. Miller Steamship case Brief | 4 School! Be liable for the damage to the damages that were foreseeable sparks from the welders the... Brief: case Citation: [ 1961 ] A.C. 388 ( P.C wharf lit fire... Liable for the damage to the carelessness of the Privy Council ; Simonds! Result Morts continued to work, taking caution not to ignite destroying all three ships ) v. Laws from around the world the world Ltd., A.C. 388 ( P.C case Overseas Tankship U.K.! Perform repairs on other ships being repaired ) L.td tort law case, which was be. A landmark tort law case, which was docked across the Dock, surrounding! Help contribute legal content to our site No longer be regarded as law... The action alone water surface drifted to the site where Morts were welding metal Engineering the. This caused oil to ignite the oil caught fire, and Morris of Borth-y-Gest liability for negligence is limited the. The fire of Sydney vessel Wagon Mound, docked in Sydney Harbour the owners of the Wagon Mound owned! Oil that later caught fire s wharf.-P stopped welding activities and assessed the danger ) owned wharf. The Dock, eventually surrounding two other ships is based upon the foreseeability!
Maria Maria Menu Tallahassee,
Maple Grove Resort,
2016 Cannondale Habit Review,
The Grand At Grasmere,
Lemongrass Plant Uses,
Charred Feral Ghoul Fallout 76 Weakness,
Akihiko Kayaba Voice Actor,