overseas tankship v miller steamship

Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound , is a landmark tort case, concerning the test for breach of duty of care in negligence. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Overseas Tankship (UK) Ltd V The Miller Steamship Co Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. Overseas Tankship v. Miller Steamship. 7 of 1964 Overseas Tankship (U.K.) Limited - - - - - Appellant v. The Miller Steamship Co. Pty. 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. Facts: The defendant negligently released furnace oil into the sea. He took into consideration the case of Overseas Tankship (UK) Ltd v The Miller Steamship Co, 5 wherein the Privy Council concluded that foreseeability of damage was an essential part of figuring out liability in nuisance. Miller owned two ships that were moored nearby. 2] Is the law that was applied different or is … Is the law that was applied different or … Overseas Tankship (UK) Ltd v The Miller Steamship Co or The Wagon Mound (No 2) [1967] 1 AC 617 is a landmark tort case, concerning the test for breach of duty of care in negligence. At some point during this period the Wagon Mound leaked furnace oil into the harbour while some welders were working on a ship. Ice thawed and chunks caused pressure which caused Shiras to float downstream knocking another boat off its ties, hitting a drawbridge tower, and eventually forming a dam with other boat causing a flood. 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 Ltd v The Miller Steamship Co or Wagon Mound, is a landmark tort case, concerning the test for breach of duty of care in negligence. Summary of Overseas Tankship(DF) v. Miller Steamship (PL), Privy Council, 1966. Relevant Facts: Pl are two owners of 2 ships that were docked at the wharf when the freighter Wagon Mound, (df), moored in the harbor, discharged furnace oil into the harbor. This caused oil to leak from the ship into the Sydney Harbour. D negligent. Overseas Tankship Ltd v The Miller Steamship, The Wagon Mound (No 2) [1967] 1 AC 617. Shiras was moored to a dock owned by the Continental which has a deadman post. 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. Overseas Tankship (UK) Ltd v Miller Steamship Co Pty Ltd (The Wagon Mound) ... Miller Steamship Co Pty Ltd v Overseas Tankship (UK) Ltd Also known as: RW Miller & Co Pty Ltd v Overseas Tankship (UK) Ltd Privy Council (Australia) 25 May 1966 Case Analysis Where Reported [1967] 1 A.C. 617; [1966] 3 W.L.R. Limited and another (and Cross-appeal consolidated) - Respondents FROM THE SUPREME COURT OF NEW SOUTH WALES JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, D e l i v e r e d t h e 25t h MAY 1966. Legal Issue(s): Whether liability, resulting out of damage caused from the fire, was reasonably foreseeable? 498; [1966] 2 All E.R. Privy Council Appeal No. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. The sparks from the welders caused the leaked oil to ignite … There was only a very small risk that it would ignite and would only do so in very unusual circumstances. The oil was ignited. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Overseas Tankship were charterers of a freighter ship named theWagon Mound which was moored at a dock. 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