2] Is the law that was applied different or is … Is the law that was applied different or … 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. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. D negligent. Facts: The defendant negligently released furnace oil into the sea. 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. This caused oil to leak from the ship into the Sydney Harbour. 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. 498; [1966] 2 All E.R. 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. Miller owned two ships that were moored nearby. Privy Council Appeal No. 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. 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. 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. Overseas Tankship Ltd v The Miller Steamship, The Wagon Mound (No 2) [1967] 1 AC 617. The oil was ignited. The sparks from the welders caused the leaked oil to ignite … Legal Issue(s): Whether liability, resulting out of damage caused from the fire, was reasonably foreseeable? 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. Summary of Overseas Tankship(DF) v. Miller Steamship (PL), Privy Council, 1966. Overseas Tankship (UK) Ltd V The Miller Steamship Co Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. 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. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. 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. 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. However, it did ignite causing massive damage to the Claimant’s ship At some point during this period the Wagon Mound leaked furnace oil into the harbour while some welders were working on a ship. Overseas Tankship v. Miller Steamship. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. Shiras was moored to a dock owned by the Continental which has a deadman post. There was only a very small risk that it would ignite and would only do so in very unusual circumstances. 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