Judges: Lord ReidReid, LordLord Morris of Borth-y-GestMorris of Borth-y-Gest, LordLord WilberforceWil-berforce, LordLord PearsonPearson, LordLord PearcePearce, Lord 1966 WL 22865 Page 1 [1967] 1 A.C. 617 [1966] 3 W.L.R. 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 (even if the chance of the loss occurring was very small). Wagon Mound: Do or Die: (The Cowan Family Saga - Book 2) - Kindle edition by Atwater, Russell J.. Download it once and read it on your Kindle device, PC, phones or tablets. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) [1961] AC 388. 709 [1966] 1 Lloyd's Rep. 657 (1966) 110 S.J. 2) [1967] Claims by ship owners for wagon mound damage successful as reasonably foreseeable kind of damage from leaking oil. 1) and The Wagon Mound (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. 11. What was certainly not foreseeable was the complex forensic tangle to which the decisions have led. It should also be noted, just for the sake of clarity, that there was a second case in the Wagon Mound litigation, Wagon Mound No.2 [1967] 1 AC 617, and that this case was decided differently on the basis of further evidence (the presence of flammable debris floating in the water which became impregnated with the oil made ignition more likely). Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. "Wagon Mound No.2" Brief: Case Citation: [1967] 1 A.C. 617. 3 of 1994) [1997] A-G Reference (No. The defendant owned a freighter ship named the Wagon Mound which was moored at a dock. Areas of applicable law: Tort law – Negligence – foreseeability. 444; R. J. Buxton, "Nuisance and Negligence Again" (1966) 29 M.L.R, 676. Définitions de The Wagon Mound (No 2), synonymes, antonymes, dérivés de The Wagon Mound (No 2), dictionnaire analogique de The Wagon Mound (No 2) (anglais) Wagon Mound topon videtü 36°0’ 26’’ N e lunetü 104°42’ 26’’ V (36,007223; ‑104,707194). The plaintiff owned two ships that were moored nearby. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. “Wagon Mound No. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. Relevant Facts. Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. A test of … The Wagon Mound (No 2) - Detailed case brief Torts: Negligence. Ft. recently sold home at 2 Wagon Mound Rd, Winston, NM 87943 that sold on July 15, 2020 for No Estimate Available Use features like bookmarks, note taking and highlighting while reading Wagon Mound: Do or Die: (The Cowan Family Saga - Book 2). Detailed case brief Torts: Negligence. Wagonmound (No 2) – reasonably foreseeable = if it isn’t thought to be physically impossible or because the possibility of its happening would have been regarded as so fantastic or farfetched that no reasonable man would have paid any attention to it impossible. 3. Find homes for sale and real estate in Wagon Mound, NM at realtor.com®. 2)* R. W. M. DIAS" yet from those flames No light, but rather darkness visible "(MILTON) THE foreseeable consequences of spilling a large quantity of furnace oil from the ss. The Wagon Mound {No. 2 What’s different about this case is the lawyering. 64 The Cambridge Imw Journal [1967J street may be inferred the fact that he acted negligently. " The same as in Wagon Mound No. o If D has special knowledge about a risk, it will be considered in determining reasonable foreseeability. All England Law Reports/1966/Volume 2/The Wagon Mound (No 2) Overseas Tankship (UK) Ltd v The Miller Steamship Co Pty Ltd and Another - [1966] 2 All ER 709 [1966] 2 All ER 709 Steamship Co Pty Ltd and Another - [1966] 2 All ER 709 [1966] 2 All ER 709 Flickr photos, groups, and tags related to the "wagonmound" Flickr tag. The oil subsequently caused a fire when molten metal dropped into the water and ignited cotton waste floating in the port. 2). Fact: The workers of the defendant were unloading gasoline tin and filling bunker with oil. A v Home Secretary [2004] A v Roman Catholic Diocese of Wellington [2008, New Zealand] A v Secretary of State for Home Affairs (No. 2) [2005] A-G of Belize v Belize Telecom Ltd [2009] A-G Reference (No. 498 [1966] 2 All E.R. 2. Thank you for helping build the largest language community on the internet. Victoria University of Wellington. Sign in to disable ALL ads. The defendants negligently caused oil to spill into the Port of Sydney. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Miller owned two ships that were moored nearby. 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 no 1 [1961] AC 388 House of Lords The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. 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