The oil was ignited. There was only a very small risk that it would ignite and would only do so in very unusual circumstances. 2), is a landmark tort case, concerning the test for breach of duty of care in negligence. 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. 498; [1966] 2 All E.R. Overseas Tankship v. Miller Steamship. The sparks from the welders caused the leaked oil to ignite … 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. 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. 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. Facts: The defendant negligently released furnace oil into the sea. Morts Dock & Engineering Co (The Wagon Mound) owned the wharf, which they used to perform repairs on other ships. Miller owned two ships that were moored nearby. 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. Privy Council Appeal No. 7 of 1964 Overseas Tankship (U.K.) Limited - - - - - Appellant v. The Miller Steamship Co. Pty. 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. 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. Legal Issue(s): Whether liability, resulting out of damage caused from the fire, was reasonably foreseeable? Overseas Tankship Ltd v The Miller Steamship, The Wagon Mound (No 2) [1967] 1 AC 617. 2] Is the law that was applied different or is … Is the law that was applied different or … However, it did ignite causing massive damage to the Claimant’s ship D negligent. 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. Shiras was moored to a dock owned by the Continental which has a deadman post. 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 (UK) Ltd V The Miller Steamship Co Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. [Wagon Mound No. 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. 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 (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. This caused oil to leak from the ship into the Sydney Harbour. 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