1)) Case Brief - Rule of Law: Defendant is not liable for the damage Every Bundle includes the complete text from each of the titles below: Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. Case details: Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd, The Wagon Mound (No 1) (1961) The defendant negligently discharged fuel oil into Sydney Harbour. The Wagon Mound Incident. 1], [1961] A.C. 388 (P.C. Spread led to MD Limited’s wharf, where welding was in progress. 519-21 [13.175] or here This decision is not based on the analysis of causation. 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. Aust. The heroes are called in to find out what happened and save the village—and perhaps, the world. $2.00. 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. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (Wagon Mound (No. 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 Wagon Mound (1) [1961] AC 388 Case summary last updated at 15/01/2020 19:30 by the Oxbridge Notes in-house law team. Judgement for the case The Wagon Mound (1) For facts see week 1: a person can be held liable for indirect damage provided the intervening events were reasonably foreseeable. From Ron Blessing. See Also – Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2) PC ([1967] 2 AC 617, Bailii, [1966] UKPC 1, [1966] 1 Lloyd’s Rep 657, [1966] 2 All ER 709, [1966] 3 WLR 498) (New South Wales) When considering the need to take steps to avoid injury, the court looked to the nature of defendant’s activity. Get Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. [Wagon Mound No. ADD TO WISHLIST > PDF. Find homes for sale and real estate in Wagon Mound, NM at realtor.com®. 2) [1967] Thoburn v Sunderland City Council [2002] Thomas v Clydesdale Bank [2010] Thomas v National Union of Miners [1986] Thomas v Sawkins [1935] Thomas v Sorrell (1673) Thomas v Thomas [1842] Thompson v Foy [2010] Thompson v Gibson [1841] Thompson v Park [1944] Thorner v Major [2009] The claimants owned a wharf where welding was being carried out. The Wagon Mound (No. The Wagon Mound (No.1) [1961] Uncategorized Legal Case Notes August 26, 2018 May 28, 2019. Search and filter Wagon Mound homes by price, beds, baths and property type. Privy Council disapproved of Re Polemis. Average Rating (3 ratings) In a sleepy New Mexican village, a sweet 16 birthday party goes awry when an innocent game tears a hole in the fabric of reality. 1) [1961] The Wagon Mound (No. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. 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