the wagon mound no 2

Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance. Wagon Mound No. 2 [I9211 3 K.B. 2).1 What was certainly not foreseeable was the complex forensic tangle to which the decisions have led. Remoteness; Judgment. The Wagon Mound Incident. Get Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. Held: Overseas Tankship chartered a freighter ship named the Wagon Mound which was taking on bunker oil at Mort's Dock in Sydney. Another difference between the cases is that the plaintiffs will not be barred from recovery by their own negligence. The Wagon Mound principle. Written and curated by real attorneys at Quimbee. 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. The" Wagon Mound" unberthed and set sail very shortly after. 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). After several hours the oil drifted and was around two ships owned by the Miller Steamship Co that were being repaired nearby. Wagon Mound (No. 560. XII. 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. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. Morts owned and operated a dock in Sydney Harbour. The Wagon Mound No. The Wagon Mound (No.1) [1961] Uncategorized Legal Case Notes August 26, 2018 May 28, 2019. The Privy Council upheld both the appeal and the cross-appeal. L. Rep. 313 CA Hyett v Great Western Railway Co (GWR) 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. 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. 2) should not be confused with the previous case of the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd or Wagon Mound (No. This idea of a balance between magnitude and seriousness of risk is similar to that proposed by Learned Hand in United States v. Carroll Towing Co. 159 F.2d 169 (2d Cir. 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