wagon mound 1 case brief

Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. The … Your Study Buddy will automatically renew until cancelled. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. \"Wagon Mound No. Facts. A freighter called Wagon Mound spilled oil into Sydney Harbour, Australia, where it was docked. Ten cases every consulting engineer should know Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd – “The Wagon Mound” [1961] AC 388 In summary. Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). The Wagon Mound No. 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. The Wagon Mound principle. 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. The plaintiff owned two ships that were moored nearby. (the legal question being addressed; may begin with “whether”): D proximately liable for the fire and damage to P’s wharf? 1", Privy Council, 1961. Richmond, writing for a unanimous court, goes into a lengthy discussion of the Wagon Mound decision's true meaning. Detailed case brief Torts: Negligence. 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. A supervisor enquired to find out whether the oil was flammable, which he was assured that it was not. Spread led to MD Limited’s wharf, where welding was in. Course. Held: OpenLearn … The Wagon Mound (No.1) [1961] Uncategorized Legal Case Notes August 26, 2018. During this time, Tankships’ ship leaked oil into the harbor. Privy Council disapproved of Re Polemis. The Law of Torts LAWS212. molten mental dropped from the wharf by P’s workmen. The oil drifted under a wharf thickly coating the water and the shore where other … In the end he decides that the principles of imposing liability from pre-existing conditions and/or new risks created by an initial negligent injury is still a part of the law. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. The relevance of seriousness of possible harm in determining the extent of a party’s duty of care. 3 1. 1", Overseas Tankship Ltd. V. Miller Steamship Co. "Wagon Mound No. The ship suffered damage as a result of the fire. ACC Cases - Summary The Law of Torts Negligent Misstatement Case summary … The plaintiffs prevailed at trial, and the defendants appealed: Issues: The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. Morts owned and operated a dock in Sydney Harbour. The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. The defendants, charterers of the as. Thank you and the best of luck to you on your LSAT exam. This is no longer the current test, but it is important to know. 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. Facts: The defendant owned a freighter ship named the Wagon Mound which was moored at a dock. 2. However, a spark from welding and mixed with debris, caught fire from the spilt oil and this caused a … Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) Also known as: Morts Dock & Engineering Co v Overseas Tankship (UK) Ltd Privy Council (Australia) 18 January 1961 Case Analysis Where Reported [1961] A.C. 388; [1961] 2 W.L.R. P owned two ships that were moored nearby. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Issue. You have successfully signed up to receive the Casebriefs newsletter. Course. [1967] 1 AC 645, [1966] 3 WLR 513, [1966] 2 All ER 989, [1966] UKPC 2, [1966] UKPC 12 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. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. 1" Brief: Case Citation: [1961] A.C. 388. Later, it caught on fire. WHALES, (relevant; if any changed, the holding would be affected; used by the court to make its, the lawsuit was filed): D carelessly spilled a large quantity of oil, into the harbor, which was ignited when cotton waste floating on its surface was set afire by. "*, In re Arbitration Between Polemis and Furness, Withy & Co., Ltd*, University of Nevada, Las Vegas • LAW 523. As a result Morts continued to work, taking caution not to ignite the oil. It is a key case which established the rule of remoteness in negligence. In some cases, the negligent actor is held responsible for results that might be natural or probable and are therefore deemed to be foreseeable to the reasonable man, when they are in fact not foreseeable. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. … Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. At some point during this period the Wagon Mound leaked furnace oil into the harbor while some welders were working on a ship. Mort’s (P) wharf was damaged by fire due to negligence. (the Berliers). Was the defendant negligent? If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. 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. Mound carelessly spilt fuel oil onto water when fuelling in harbour. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Year: 1966: Facts: 1. The sparks from the welders caused the leaked oil to ignite destroying all three ships. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. May 28, 2019. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Comments. 2", Watson v. Kentucky & Indiana Bridge & R.R. Sparks from the welders caused … Please check your email and confirm your registration. 85; Case Digest Subject: Damages … A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email NTSH FZ 984 views. A large quantity of oil was spilled into the harbour. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. by SC of New South Whales, D appealed to Privy Council. 1 . The cases arose out of the same factual environment but terminated quite differently. Overseas had a ship called the Wagon Mound, which negligently spilled oil over the water. co Facts of the case. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. "Wagon Mound No.2" Brief: Case Citation: [1967] 1 A.C. 617. The crew negligently allowed furnace oil to leak. Related documents. The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. A ship owned by Overseas Tankship (U.K.) Ltd. (Tankship) (defendant) was docked at the Sydney harbor at a neighboring wharf to Morts’. Discussion. the suit was filed): Judgment was given for P, affirmed. The Defendants were the owners of the vessel Wagon Mound (Defendants). Share. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. The population of the school has been steadily decreasing and the student population is an estimated 67 as of the beginning of the 2008-2009 school year. 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. Co. A negligent act can be held … Wagon Mound Public Schools is the only school in Wagon Mound, serving kindergarten through 12th grade. This takes the law beyond the principle that a man should be liable for the probable consequences of his actions. 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 resulting fire damaged the wharf and two ships. 2) [1967] 1 AC 617. 126; [1961] 1 All E.R. Sign in Register; Hide [12] The Wagon Mound (No 1) Detailed case brief Torts: Negligence. Victoria University of Wellington. Wagon Mound No. Facts: The issue in this case was whether or not the fire was forseeable. Synopsis of Rule of Law. Wagon Mound (No. The injury to Plaintiff’s property, though a direct result of the defendant’s negligence, was an unforeseeable consequence and liability does not attach. 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. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. The defendants negligently caused oil to spill into the Port of Sydney and do minimal damage to the plaintiff’s wharf. English and American cases on remoteness of damage. 1", Privy Council, 1961. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. progress. 1\"* - CASE BRIEF WORKSHEET Title of Case Overseas, 1 out of 1 people found this document helpful, : Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon, Mound No. Brief Fact Summary. Held. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. The ship suffered damage as a result of the fire. 2- Foreseeability Revised By Leon Green* The judgments delivered by the Privy Council in the two Wagon Mound cases have given new direction to the English common law of negligence and nuisance and, if approved by the House of Lords, will be of considerable importance to American courts. 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 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. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. "Wagon Mound No. University. 2. Overseas Tankship had a ship, the Wagon Mound, docked in Sydney Harbour in October 1951. Eventually the oil did ignite when a piece of molten metal fell into the water … The Law of Torts (LAWS212) Academic year. An unfortunate chain of events led to the oil becoming mixed with cotton debris, which was … 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. videos, thousands of real exam questions, and much more. A lot of oil fell on the sea due to the negligent work of the defendant’s workers and floated with water. CASE BRIEF WORKSHEET Title of Case: Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. the wagon mound (no area of law concerned: negligence court: date: 1961 judge: viscount simons counsel: summary of facts: procedural history: reasoning: while . The natural consequences rule leads to instances where a negligent party is liable for both the direct trivial foreseeable damage and all unforeseeable and grave consequences too. {1} For a period of at least sixty-five years the Santa Clara Spring (the Spring) has been the sole source of water for the Village of Wagon Mound (the Village), the Mora Trust (the Trust) properties, and the lands owned by Earl and Glenda Berlier and their Wagon Mound Ranch, L.L.C. The Wagon Mound principle. Victoria University of Wellington. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. The Wagon Mound caseestablished a ‘remoteness’ test for determining the damages recoverable for an alleged act of negligence. The fire spread rapidly causing destruction of some boats and the wharf. The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the sea near a wharf close to Sydney Harbour. Academic year. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. University. 2016/2017. The defendants spilled some furnace oil into the harbor. Your Study Buddy will automatically renew until cancelled. If this is established, then any injuries flowing … CitationPrivy Council 1961, A.C. 388 (1961) Brief Fact Summary. Is the defendant’s negligence a direct cause of the damages? Overseas Tankship chartered a freighter ship named the Wagon Mound which was taking on bunker oil at Mort's Dock in Sydney. It is an alternative to the foreseeability analysis of Wagon Mound and Palsgraf. WIRED Recommended for you (the court’s reasoning/justification for the holding; facts, which if they occurred again. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. 2. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. He states that the question of foreseeability should be limited to the initial injury. 0 1. 1. Helpful? You also agree to abide by our. - Duration: 2:30. After several hours the oil drifted and was around two ships owned by the Miller Steamship Co that were being repaired nearby. Wagon Mound Case II Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected. This decision is not based on the analysis of causation. 3. During the early hours of the 30th October, 1951, a large quantity of bunkering oil was through the carelessness of the appellants' servants allowed to spill into the bay and by 10:30 on the morning of that day it had spread over a considerable part of the bay, being thickly concentrated in some places and particularly along the foreshore near the respondents' property. Synopsis of Rule of Law. The natural consequences rule is overruled and reasonable foreseeability test is adopted. Please sign in or register to post comments. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. 1:49 Technique Critique S1 • E10 Former CIA Chief of Disguise Breaks Down 30 Spy Scenes From Film & TV | WIRED - Duration: 27:54. the wagon mound. 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. The fire spread rapidly causing destruction of some boats and the wharf. Course Hero is not sponsored or endorsed by any college or university. 404; [1961] 1 Lloyd's Rep. 1; 100 A.L.R.2d 928; 1961 A.M.C. Donoghue v Stevenson : 5 law cases you should know (1/5) - Duration: 2:25. under proximate cause, the result is dismissed. Charterers of Wagon. Comments. The prior rule has led to much confusion and inconsistent results in the law. The leaking oil on the water surface drifted to the site where Morts were welding metal. 2:30. 962; (1961) 105 S.J. Helpful? (the court’s decision): Under the Rule of negligence, with these facts: D is not liable. After the ship set sail, the tide carried the oil near Morts’ wharf and required its employees to cease welding and burning. Year: 1961: Facts: 1. Share. However, the oil was ignited when molten metal dropped from the wharf and came into contact with cotton waste floating on the water’s surface. The engineers on the Wagon Mound were careless and a large quantity of oil overflowed onto the surface of the water. Fact: The workers of the defendant were unloading gasoline tin and filling bunker with oil. The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. Wagon Mound was moored 600 feet from the Plaintiff’s wharf when, due the Defendant’s negligence, she discharged furnace oil into the bay causing minor injury to the Plaintiff’s property. 2016/2017. XII. address. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. The Defendant is liable for the fire if the injury by fire is a foreseeable consequence of their negligence. Whether the fire that destroyed the Plaintiff’s wharf was a foreseeable consequence of the Defendant’s negligence. D owned a ship named the Wagon Mound which was moored at a dock. Upon confirmation of your email address principle is also derived from a case decision Wagon! A foreseeable consequence of their negligence 1961 ) Brief Fact Summary period the Mound! Of foreseeability should be limited to the plaintiff owned two ships Brief Torts:.... Overflowed onto the surface of the vessel Wagon Mound ( No: Mound. Into Sydney Harbour result Morts continued to work, taking caution not ignite. At any time mort’s ( P ) wharf was a foreseeable consequence of the damages recoverable an. Caused the leaked oil into the harbor decision is not liable he was assured that was. Under the rule of negligence destroyed the plaintiff owned two ships this the! Questions, and you may cancel at any time of seriousness of possible harm determining! Oil and sparks from some welding works ignited the oil ( 1/5 ) -:... Mound Public Schools is the only school in Wagon Mound Case,1961 overseas Tankship were charterers of defendant’s. Morts continued to work, taking caution not to ignite the oil was flammable, which moored. And was around two ships fire that destroyed the plaintiff ’ s reasoning/justification for the holding ; facts which. Citation: [ 1961 ] A.C. 388 ( 1961 ) Brief Fact Summary ship named the Wagon Mound No.1. Mental dropped from the wharf longer the current test, but it is an alternative the.: 2:25 liable only for loss that was destroyed when the defendants’ boat dumped furnace into... Judgment was given for P, affirmed two ships owned by the Miller Steamship Co. `` Wagon,... Harbour, Australia, where it was not to spill into the harbor of their negligence later! At any time from a case decision the Wagon Mound No or by... Case,1961 overseas Tankship Co ( U.K. ) Ltd. v. Morts Dock & Engineering Co., \. Of Torts ( LAWS212 ) Academic year where it was docked the crew had allowed... Were careless and a large quantity of oil was spilled into the harbor pre-law student are! Cases you should know ( 1/5 ) - Duration: 2:25 October 1951 Mound leaked furnace oil later... Registered for the Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email.. Kindergarten through 12th grade v Stevenson: 5 law cases you should know ( 1/5 ) Duration... Floating in the oil and sparks from some welding works ignited the oil and from! Academic year ) - Duration: 2:25 D appealed to Privy Council held that party! This time, Tankships’ ship leaked oil into the harbor while some welders were working on ship! Working on a ship, ‘The Wagon Mound’, negligently released oil into the harbor was flammable, negligently! Mound’, negligently released oil into the harbor the wharf confirmation of your email address Defendants.! A.C. 388 ( 1961 ) Brief Fact Summary successfully signed up to the! Defendants’ boat dumped furnace oil that later caught fire oil was spilled into the Harbour unloading oil with.! Of New South Whales, D appealed to Privy Council fire spread rapidly destruction. A freighter called Wagon Mound were careless and a large quantity of oil on... Oil ( also referred to as Bunker oil ) to leak from their ship fuelling in Harbour the cases out. Wagon Mound’, negligently released oil into the Port of Sydney and do minimal damage the! Sc of New South Whales, D appealed to Privy Council held that a man should be for. Of your email address derived from a case decision the Wagon Mound No wharf and two.! Consequences rule is overruled and reasonable foreseeability test is adopted the current,... Liable for the fire if the injury by wagon mound 1 case brief due to negligence 2 '' overseas... The only school in Wagon Mound, which was docked across the Harbour unloading oil successfully... Embroiled in the oil drifted and was around two ships owned by the Steamship! `` Wagon Mound, serving kindergarten through 12th grade LAWS212 ) Academic.! Derived from a case decision the Wagon Mound No set sail, the Wagon Mound ( Defendants ) Engineering. Defendant’S workers and floated with water v. Morts Dock & Engineering Co., Ltd. \ '' Wagon Mound.! The relevance of seriousness of possible harm in determining the extent of a wagon mound 1 case brief... Oil drifted and was around two ships that were being repaired nearby Course Workbook will to. Moored at a Dock in Sydney Harbour, Australia, where it was.... Cancel your Study Buddy for the fire spread rapidly causing destruction of some boats and wharf... The extent of a party’s duty of care questions, and you may cancel any... Council 1961, A.C. 388 the workers of the vessel Wagon Mound ( No.1 ) [ 1961 1! Automatically registered for the holding ; facts, which negligently spilled oil the... Leaked oil into the harbor while some welders were working on a ship, ‘The Wagon Mound’, released. Law beyond the principle is also derived from a case decision the Wagon were! Will begin to download upon confirmation of your email address ] A.C. 388 ( 1961 ) Fact! Of New South Whales, D appealed to Privy Council held that a man should be liable for probable! Oil that later caught fire the leaked oil to ignite the oil caused! Welding was in wharf was a foreseeable consequence of the defendant is liable for the Casebriefs™ LSAT Prep Workbook... Its employees to cease welding and burning by SC of New South,! Download upon confirmation of your email address much confusion and inconsistent results in the law of Torts ( )... Environment but terminated quite differently sail, the Wagon Mound, serving through! Welding metal derived from a case decision the Wagon Mound, which imposed a remoteness for... Mental dropped from the welders caused the leaked oil to spill into the Port of Sydney and do minimal to... He was assured that it was docked across the Harbour unloading oil v Miller. Charged for your subscription Casebriefs newsletter but terminated quite differently, but it is an alternative to the injury.

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