Wagon Mound into Sydney Harbour have been in dispute now in two separate appeals to the Judicial Committee of the Privy Council. The relevance of seriousness of possible harm in determining the extent of a party’s duty of care. 1, you can look at the circumstances surrounding the accident to find out if the risk was really foreseeable. What is difference between 1.0 liter and 1.2 liter engine in new Wagon R 15835 Views 12 Answers Q. Contributory … As a result, Stephenson developed a … 2], 1 A.C. 617 (1967), Privy Council, case facts, key issues, and holdings and reasonings online today. 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 … It was determined that the breaking was negligent, as it should not have been allowed to come into such disrepair. oil from the ss. 2 comes out a different way based on different lawyering. However, the oil was ignited when molten metal dropped from the wharf and came into contact with cotton waste floating on the water’s … In Wagon Mound No. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Stephenson, a steeplejack, injured himself while working for Waite Tileman when a wire rope on a crane broke and cut his hand. The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the sea near a wharf close to Sydney Harbour. Tort: In relation to some types of torts (in particular negligence and nuisance) the test for remoteness of damage is whether the kind of damage suffered was reasonably foreseeable by the defendant at the time of the breach of duty (Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) [1961] … 2) [1967] 1 AC 617. 43 Wagon Mound asks the "foreseeability" question directed at the "kind" of damage: [1961] A.C. 388, 426, and it is this basic test which is an unnecessary duplication of the test applied at the … Facts. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, commonly known as Wagon Mound (No. Get Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. Areas of applicable law: Tort law – Negligence – foreseeability. Wagon Mound No. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence.The Privy Council held that a party can be held liable only for loss that was reasonably foreseeable. What’s different about this case is the lawyering. 2 . Another difference between the cases is that the plaintiffs will not be barred from recovery by their … Wagon Mound was moored 600 feet from the Plaintiff’s wharf when, due the Defendant’s negligence, she discharged furnace oil into the bay causing minor injury to the Plaintiff’s property. Main arguments in this case: A defendant cannot be held liable for damage that was reasonably unforeseeable. Written and curated by real attorneys at Quimbee. ↑Donoghue v Stevenson [1932] AC 562, 580 ↑ (1980) 146 CLR 40, 44 ↑ [2005] NSWCA 151, 11 ↑ Wagon Mound No 2 [1967] 1 AC 617 ↑ Hughes v Lord Advocate [1963] AC 837 ↑ Stephenson v Waite Tileman Ltd [1973] 1 NZLR 152 The fact of the case: “Wagon Mound” actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and … WHAT IS DIFFERENCE AS PER DRIVING 1000 CC AND 1200 CC - Wagon R 2019? The lawyer brings forth evidence that something like this has happened before, and thus the engineer should have been aware that this was a possibility. 2).1 What was certainly not foreseeable was the complex forensic tangle to which the … Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. Wagon Mound No. 1) and The Wagon Mound (No. The cases will go down to posterity as The Wagon Mound (No. Typically, you would think that the risk of spilling oil would be fouling the dock, but not burning it. 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