No.4 - Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd Held: Crown had radical title but did not automatically have beneficial title; only indigenous people can hold native title; if exclusive possession . Overseas Tankship chartered a freighter ship named the Wagon Mound which was taking on bunker oil at Mort's Dock in Sydney. Miller owned two ships that were moored nearby. The Privy Council[2] held that a party can be held liable only for loss that was reasonably foreseeable. The defendant owned a freighter ship named the Wagon Mound which was moored at a dock. Overseas Tankship (UK) Ltd. v The Miller Steamship Co. (The - Fandom Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [''Wagon Mound No. Held: The defendants were held not liable since, while damage to the Open navigation menu. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd The Wagon Mound (No 2) should not be confused with the previous case of the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or The Wagon Mound (No 1), which introduced a remoteness as a rule of causation to limit compensatory damages. For the remainder of Oct. 30 and until about 2 p.m. on Nov. 1, work was carried on as usual, the condition and congestion of the oil remaining substantially unaltered. A large quantity of oil was spilled into the harbour. Click the card to flip . Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features Press Copyright Contact us Creators . en Change Language. But at about that time the oil under or near . 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. Mabo v Queensland (No 2) (1992) 175 CLR 1. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co - Quimbee New!! (the Wagon Mound.) I would add, however, that King v. Phillips, a case in which the plaintiff failed, would, as I think, clearly be decided differently today. Tort Introduction. Facts: In Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound (No 1)) [1961] AC 388, the D's vessel leaked oil that caused fire. Contributory negligence on the part of the dock owners was also relevant in the decision, and was . Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd 404; [1961] 1 Lloyd's Rep. 1; Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound (No. During this time, Tankships' ship leaked oil into the harbor. PDF 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. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Wagon Mound caseestablished a 'remoteness' test for determining the damages recoverable for an alleged act of negligence. 2''] . After several hours the oil drifted and was around two ships owned by the Miller Steamship Co that were being repaired nearby. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. 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, Delivered the 25th MAY 1966. Scribd is the world's largest social reading and publishing site. This spill did minimal damage to the plaintiff's ships. Listen to the opinion: Tweet . Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd Summary of Overseas Tankship (DF) v. Miller Steamship (PL), Privy Council, 1966 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. Contributory negligence on the part of the dock owners was also relevant in the decision, and was . Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Facts: Defendant's ship spilled a large quantity of oil into the. Lesson Content 0% Complete 0/31 Steps 02. close menu Language. 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. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd 430 snyman cr 2002 n16 82 see also joubert wa 1965 Overseas Tankship (U.K.) Ltd v Morts Dock & Engineering Company Ltd [1961] UKPC 1 (18 January 1961) Privy Council Appeal No. Resource Type Case page Court Privy Council Date Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. 1), is a landmarktort lawcase, which imposed a remotenessrule for causation in negligence. Overseas Tankship (U.K.) Limited v Morts Dock & Engineering Company The Overseas Tankship v Morts Dock, The Wagon Mound (No 2) [1966] 2 All ER 709. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. Issue 430Snyman CR (2002) (n16) 82. 6,7 and 8 per Mason CJ However, in The Wagon Mound (No 1) a large quantity of oil was spilt into Sydney Harbour from the Wagon Mound and it drifted under the wharf where the claimants were oxyacetylene welding. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The case may now be considered "bad law", having been superseded by . Overseas Tankship v Morts Dock - 1961 - LawTeacher.net Facts. Contributory negligence on the part of the dock owners was also relevant in the decision, and was . brief - Overseas Tankship v. Morts Dock - Overseas Tankship Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. [''Wagon Mound No. The Privy Councilheld that a party can be held liable only for loss that was reasonably foreseeable. Pure economic loss, scope of duty of care bailee recovery for bailor's loss of use (Armstead v Royal Sun Alliance) Hospital Trust not liable for third party's unauthorised use of patient data (Underwood v Bounty UK Ltd) Ibid. Facts 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. Court Privy Council (Australia) Judgment Date 18 January 1961. Wagon Mound (No. 1)--"The Oil in the Wharf Case" - Harvard University Overseas Tankship (UK) Ltd v. Mort's Dock and Engineering Co, Ltd (a.k Criteria of last resort when more concrete reasons 1 / 68. This asks whether the damage would be reasonably foreseeable. Overseas Tankship (UK) Ltd v The Miller Steamship Co Contributory negligence on the part of the dock . The jury determines the actual damages totals to $100,000. en Change Language. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. Facts: 2. This preview shows page 117 - 119 out of 495 pages. Fact: Meriam people lived on the land; sought native title over the land. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Manindra Mukherjee v. Mathuradas. PDF 1961 WL 20739 Page 1 [1961] A.C. 388 [1961] 2 W.L.R. 126 [1961] 1 All E Present at the Hearing : Lord Reid Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd Defendant's ship spilled a large quantity of oil into the bay, some of it concentrated near Plaintiff's wharf. 1 / 68. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company Ltd [1961] UKPC 2 (18 January 1961) - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Overseas Tankship v Morts Dock & Engineering co - YouTube M.C. The oil ignited and the wharf suffered fire damage. Hughes V Lord Advocate. 7 C.P. Town Area Committee v. Prabhu Dayal. The fire destroyed the ships. The Privy Council [2] held that a party can be held liable only for loss that was reasonably foreseeable. 1 A.C. 617 (1967) Facts A freighter called Wagon Mound spilled oil into Sydney Harbour, Australia, where it was docked. Overseas Tankship v. Morts Dock & Engineering Co., Ltd. (Wagon Mound No The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. allthecasesyouneed: The Wagon Mound (No.2) - Blogger To ignite destroying all three ships careless and a large quantity of oil overflowed the. 1992 ) 175 CLR 1 at 29-30, per Brennan J spill did minimal damage to the Plaintiff Morts! Native title over the land ; sought native title over the land ; sought title..., is a landmark tort law case, which imposed a remotenessrule causation!, Morts dock & amp ; Engineering Co. Ltd. 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