Reference this The π's dock supervisor suspended welding operations until he determined that the oil was not flammable while it was floating on the water [huh? On Morts Dock & Engineering Company Limited During this time, Tankships’ ship leaked oil into the harbor. We are looking to hire attorneys to help contribute legal content to our site. Overseas Tankship v. Morts Dock (Wagon Mound) case summary FACTS-Morts (the plaintiff) was refitting a ship at a wharf, and a ship owned by Overseas (D) was taking on oil at a wharf that was near by. As a result Morts continued to work, taking caution not to ignite the oil. . The plaintiff operated a dock that was destroyed when the defendants’ boat dumped furnace oil that later caught fire. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 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. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Company Registration No: 4964706. The Defendants were the owners of the vessel Wagon Mound (Defendants). Held: Re Polemis can no longer be regarded as good law. The court finds that it was not reasonable that Overseas Tankship would expect their spilling of oil to result in the large fire that happened, and therefore they are not liable for the damages sustained by Morts. 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 (UK) Ltd v Morts Dock & Engineering Company Ltd Contains public sector information licensed under the Open Government Licence v3.0. Overseas Tankship v. Morts Dock (Wagon Mound) case summary FACTS-Morts (the plaintiff) was refitting a ship at a wharf, and a ship owned by Overseas (D) was taking on oil at a wharf that was near by. He states that liability is in respect of the damage caused by the action alone. State 2)] In Petition of Kinsman Transit Co. §29 Limitations on Liability for Tortious Conduct Morts Dock & Engineering Co., Ltd. (Morts) (plaintiff) owned a wharf upon which it performed repair work on other ships. 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. The Plaintiff, Morts Dock & Engineering Co., Ltd. (Plaintiff), operated a dock in the Port of Sydney. . Attorneys Wanted. The Privy Council held that a party can be held liable only for … 1’) [1961] AC 388 Chapter 4 Relevant facts Morts Dock & Engineering Company (‘Morts’) carried on the business of ship-building, ship-repairing and general engineering at its wharf in Morts Bay in Sydney Harbour. Thus, the Polemis test is overturned. The crew had carelessly allowed furnace oil … Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961 References: [1961] AC 388, [1961] UKPC 2, [1961] UKPC 2, 100 ALR2d 928, [1961] 2 WLR 126, [1961] 1 Lloyd’s Rep, 1961 AMC 962, [1961] 1 All ER 404 Do you have a 2:1 degree or higher? Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd.. Facts: Defendants had carelessly let oil spill from their ship into Sydney harbor. Judges In a lengthy judgment Viscount Simonds, writing for the court, holds that the test created in Polemis is bad law, and that it should be overturned. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (The Wagon Mound (No 1)) [1961] AC 388 D’s vessel leaked oil that caused fire. Judicial Committee of the Privy Council; Viscount Simonds, Lord Reid, Lord Radcliffe, Lord Tucker, Lord Morris of Borth-y-Gest. true. *You can also browse our support articles here >. In Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. Ltd. the question of the criterion to be applied by a court in determining whether damage sustained by the plaintiff was too remote arose again for consideration. In this case furnace oil was spilt into Sydney Harbour from a ship, the "Wagon Morts owned and operated a dock in Sydney Harbour. Overseas Tankship were found liable for the damage to the ship berthed at the dock in The Wagon Mound, No. The court held that Overseas Tankship (UK) Ltd could not be held liable to pay compensation for the damage to the wharf. The Wagon Mound Case,1961 Overseas Tankship Co(U.K.) v. Morts Dock and engineering. 23 of 1960. 5 minutes know interesting legal matters Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound (No 1)) [1961] AC 388 PC (UK Caselaw) 'remoteness of damage' test. 1) [1961] AC 388, the instant case concerned the test for breach of duty … If the liability for injuries depends on the foreseeability of the plaintiff as an injured party, then the liability for damages should depend on the foreseeability of the resulting damages. 1) Overseas Tankship chartered the ‘Wagon Mound’ vessel, which was to be used to transport oil. Liability for negligence is limited to the damages that were foreseeable. 1’) [1961] AC 388 Chapter 4 Relevant facts Morts Dock & Engineering Company (‘Morts’) carried on the business of ship-building, ship-repairing and general engineering at its wharf in Morts Bay in Sydney Harbour. This ruling overturns the Polemis concept that a defendant is responsible for […] Judicial Committee of the Privy Council cases, https://casebrief.fandom.com/wiki/Overseas_Tankship_(UK)_Ltd._v_Morts_Dock_%26_Engineering_(The_Wagon_Mound,_No._1)?oldid=9056. Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. "Wagon Mound No. 1961 A.C. 388. Case Brief Wiki is a FANDOM Lifestyle Community. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Torts • Add Comment-8″?> faultCode 403 faultString ... Overseas Tankship v. Miller Steamship Case Brief | 4 Law School; More Info. Morts was successful in obtaining damages at trial, which Overseas Tankship appealed. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company (‘The Wagon Mound No. Judicial Committee of the Privy Council Case Summary Remoteness Eventually the oil did ignite when a piece of molten metal fell into the water and ignited a rag that in turn ignited the oil. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961 References: [1961] AC 388, [1961] UKPC 2, [1961] UKPC 2, 100 ALR2d 928, [1961] 2 WLR 126, [1961] 1 Lloyd’s Rep, 1961 AMC 962, [1961] 1 All ER 404 The plaintiffs prevailed at trial, and the defendants appealed: Issues: The ship was being loaded at a port in Australia. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! 2. Wagon Mound should not be confused with the previous case of the Overseas Tankship Ltd … Registered Data Controller No: Z1821391. Liability for damages is based upon the reasonable foreseeability of the outcome. Is the Polemis test accurate, or should reasonable outcomes be used to determine liability? Morts used welding and burning techniques. Torts • Add Comment-8″?> faultCode 403 faultString ... Overseas Tankship v. Miller Steamship Case Brief | 4 Law School; More Info. 1)) Case Brief - Rule of Law: Defendant is not liable for the damage Every Bundle includes the … 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. Overseas Tankship v. Morts Dock & Engineering Co. Case Brief. Does the type of injury need to be foreseeable. 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. 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. The crew had carelessly allowed furnace oil … Overseas Tankship (UK) Ltd. v Morts Dock & Engineering (The Wagon Mound, No. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company (‘The Wagon Mound No. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. In addition, would this also be the case even if it was unforeseeable, but a result of a negligent act. 126. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. However, a spark from welding and mixed with debris, caught fire from the spilt oil and this caused a fire to spread rapidly. The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable. 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 V Morts Dock 2 By Tiara Maulid February 19, 2020 Overseas tankship uk ltd v morts dock laws1012 torts notes overseas tankship uk ltd v morts dock tort law flashcards quizlet overseas tankship u k ltd v morts Eventually the oil did ignite when a piece of molten metal fell into the water … -Some of the oil spilled, concentrated at P’s wharf.-P stopped welding activities and assessed the danger. 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