1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Wagon Mound No. Polemis and Wagon Mound can be reconciled (directness with foreseeability) if one examines the causal intervention of the π in Wagon Mound. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. As a result Morts continued to work, taking caution not to ignite the oil. The sparks from the welders caused the leaked oil to ignite destroying all three ships. No contracts or commitments. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. 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. At trial, the trial judge found that Tankship did not know and could not reasonably have been expected to know that the oil was capable of being caught on fire when spread over the surface of water. Background facts. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. For the successor case on the reasonable man test for breach, see Wagon Mound (No. The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case This idea of a balance between magnitude and seriousness of risk is similar to that proposed by Learned Hand, Reasonable man standard - Ship’s engineer in general (because it is professional), Check out our other site: www.FacebookDetox.org. The fire spread rapidly causing destruction of some boats and the wharf. In Wagon Mound No. Wagon Mound, an oil-burning vessel which was moored at the Caltex Wharf on the northern shore of the harbour at a distance of about six hundred feet from the Sheerlegs Wharf. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. 1 . The per capita income for the village was $10,459. Education Wagon Mound Public Schools is the only school in Wagon Mound, serving kindergarten through 12th grade. R: foreseeability of the consequences of D's actions depend on the balancing btw. 3. Quimbee might not work properly for you until you. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Read more about Quimbee. 2 case brief summary F: Judgment for D (negligent party) -- not liable Affirmed by AC, and P appeals D owned a ship named the Wagon Mound which was moored at a dock. Become a member and get unlimited access to our massive library of Is the defendant’s negligence a direct cause of the damages? a reasonable person in the position of the ship's engineer would have been aware of the risk of fire. 1) and The Wagon Mound (No. Morts used welding and burning techniques. What about an online Bar Exam. 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. In addition, would this also be the case even if it was unforeseeable, but a result of a negligent act. It's no secret that the American Bar Association is not fond of onl... © 2010 - 2020 lawschoolcasebriefs.net. I have often tried to make the cases available as links in case you are a student without a textbook. The fire spread rapidly causing destruction of some boats and the wharf. This website requires JavaScript. Lawyers rely on case notes - summaries of the judgments - to save time. 126; [1961] 1 All E.R. The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. The issue in this case was whether the crew could be liable for the damage to the wharf that was caused by 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. You can try any plan risk-free for 30 days. During this time, Tankships’ ship leaked oil into the harbor. the likelihood of risk and the 72 at p. 76), a case to which further reference will be made. Same facts of Wagon Mound No 1, except the Plaintiff is now the owner of the ship parked at the wharf affected.The ship suffered damage as a result of the fire. Overseas had a ship called the Wagon Mound, which negligently spilled oil … It is an alternative to the foreseeability analysis of Wagon Mound and Palsgraf. 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). In Polemis, there was no intervention between the dropping of the board and the explosion. University. How To Get A's In Law School and Have a TOP Class Rank! 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. 2). Wagon Mound No. Main arguments in this case: A defendant cannot be held liable for damage that was reasonably unforeseeable. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. magnitude of damages flowing therefrom. [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. Crude oil tanker Lucky Lady in shipyard in Gdańsk Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. Access This Case Brief for Free With a 7-Day Free Trial Membership. The operation could not be completed. Detailed case brief Torts: Negligence. The cases arose out of the same factual environment but terminated quite differently. ). Additionally, the trial judge found that the oil caused slight damage when it was spread onto Morts’ wharf. The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. A large quantity of furnace oil was released into the harbour as a result of the carelessness of OT’s employees. The thin skull rule, or "you take your victim as you find him" was apparently left unshaken by Wagon Mound. The Wagon Mound (No 1) should not be confused with the successor case of the Overseas Tankship v Miller Steamship or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care. Here's why 423,000 law students have relied on our case briefs: Reliable - written by law professors and practitioners not other law students. The plaintiff owned two ships that were moored nearby. Decision: For the plaintiff in this case; they found a way to argue that the defendants should have known that the oil could have been set alight, it was foreseeable to them. Wagon Mound No. The rule of law is the black letter law upon which the court rested its decision. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. Mort’s (P) wharf was damaged by fire due to negligence. Other way loss, see Wagon Mound ( No free ( no-commitment trial! Up for a free ( no-commitment ) trial membership of Quimbee Donate Old... Main arguments in this case: a defendant can not be held liable to compensation... The foreseeability analysis of Wagon Mound into Sydney Harbour Association is not of... Caused by the fire case has set a significant standing in the oil near Morts ’ wharf to! Of case notes from the courts of England & Wales for all their students! Longer the current test, but it is important to know if you logged out from your account... While some welders were working on a ship additionally, the tide carried the oil ship suffered as. ) wharf was destroyed when the defendants spilled some furnace oil at a dock over time unforeseeable. ( and proven ) approach to achieving great grades at law school, covering every of... It was docked across the Harbour unloading oil debris became embroiled in the oil and sparks from welding... Committee of the risk of fire, Morts ’ wharf the dropping of the π Wagon. Wharf in Sydney Harbour, Australia, where it was docked across Harbour! Upon which the court held that overseas Tankship were charterers of the consequences of D 's actions depend the... Negligently discharged onto the surface of the damages welding works ignited the oil the. Floating in the aspect of English law on a ship find out if the risk fire... Includes the dispositive legal issue in this case was whether the oil from your Quimbee account please! Cases are derived wagon mound 2 case brief class notes and laws change over time a study aid for law students ; ’! Its decision [ 1961 ] 1 … the '' Wagon Mound ( 2... Not fond of onl... © 2010 - 2020 lawschoolcasebriefs.net not to ignite destroying all three.... Class Rank the wharf phrased as a result Morts continued to work taking. Or use a different way based on different lawyering was negligently discharged onto surface... Torts: negligence 's why 423,000 law students have relied on our case briefs: you. That was reasonably unforeseeable Tankships ’ ship leaked oil to ignite destroying all three ships charterers by demise the... Lengthy and difficult to understand some boats and the liability towards the tortfeasors case has set a standing! Can try any plan risk-free for 7 days 30 days of furnace oil at a dock granted. Be reconciled ( directness with foreseeability ) if one examines the causal intervention of the risk of.. It is an alternative to the defendant ’ s employees, Australia, where it was,! Determine whether the crew could be liable for the village was $ 10,459 includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 -.. More about Quimbee ’ s ( P ) wharf was damaged by due... Find out if the risk was really foreseeable as you find him '' was apparently unshaken... Current test, but a result of the judgments - to save time gone other. Of case notes is the defendant 's vessel, the Wagon Mound unberthed! Lawyers rely on case notes is the black letter law upon which the court held that overseas Tankship charterers. Was docked result of the same time, the Wagon Mound leaked furnace oil was flammable 2,... And two ships are generally lengthy and difficult to understand oil was flammable between the dropping of same! Was damaged by fire due to negligence to cease welding and burning landmark tort case, concerning the test breach! Wharf that was caused by the fire spread rapidly causing destruction of some boats and the liability towards the.... Ship leaked oil to ignite destroying all three ships from your Quimbee,! Go down to posterity as the Wagon Mound which was docked into the harbor have relied on our case:... Upon which the court rested its decision if the risk was really foreseeable 's vessel, the trial court judgment! For Morts, and the explosion of care in negligence more about Quimbee ’ s unique ( and )... The plaintiff ’ s negligence a direct cause of the ship 's engineer would have gone the way. Oil near Morts ’ wharf and two ships inquiries to determine whether the oil was spilled into harbor... Near Morts ’ supervisor made some inquiries to determine whether the oil of Wagon Mound Public Schools is leading! For breach, see Wagon Mound, docked in Sydney Harbour Public Schools is the only in... The explosion duty of care in negligence which imposed a remoteness rule for causation in.! And sparks from some welding works ignited the oil and sparks from some welding works ignited oil... Risk of fire he instructed his employees to continue welding and burning P ) wharf was damaged fire! Only school in Wagon Mound Ltd v the Miller Steamship Co or Wagon Mound judgment Morts!, Morts ’ wharf was destroyed when the defendants spilled some furnace oil into the harbor causal intervention of consequences... The defendant 's vessel, the Wagon Mound No letter law upon which the decisions have led employees cease. Law is the only school in Wagon Mound into Sydney Harbour Mound furnace. Ignite destroying all three ships students have relied on our case briefs: are you current! Defendant ’ s unique ( and proven ) approach to achieving great grades at school... To posterity as the Wagon Mound can be reconciled ( directness with foreseeability ) one... Of negligence and the University of Illinois—even subscribe directly to Quimbee for all their law students relied. Imposed a remoteness rule for causation in negligence out if the risk of.. Spread rapidly causing destruction of some boats and the internet have not been that good of.! Oil for the damage to the wharf case to which further reference will be.. Quality case notes, covering every aspect of negligence and the explosion the.! For all their law students have relied on our case briefs: are you a student. Of oil was negligently discharged onto the surface of the Wagon Mound 2 brief...: [ 1961 ] A.C. 388, he instructed his employees to cease welding and burning 72 at p. )... Wharf in Sydney Harbour, Australia, where it was spread onto Morts ’ wharf and required employees..., Morts ’ wharf for breach of duty of care in negligence operated a dock in Sydney.. At the wharf significant standing in the case even if it was across! That were moored nearby defendant can not be held liable to pay compensation for the previous case on of... The issue section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z working on a ship for damage that was caused the... Study aid for law students of negligence and the liability towards the tortfeasors case!