Overseas Tankship (UK) Ltd v The Miller Steamship Co
Landmark tort case, concerning the test for breach of duty of care in negligence / From Wikipedia, the free encyclopedia
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Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. 2),[1] is a landmark tort case, concerning the test for breach of duty of care in negligence. 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).
Wagon Mound (No. 2) | |
---|---|
Court | Privy Council |
Citation(s) | [1966] UKPC 10, [1967] AC 617; [1967] 2 All ER 709 |
Case history | |
Prior action(s) | Miller Steamship Co Pty Ltd v Overseas Tankship (UK) Ltd (1963) SR (NSW) 948 |
Court membership | |
Judge(s) sitting | Lord Reid, Lord Morris of Borth-y-Gest, Lord Pearce, Lord Wilberforce, Lord Pearson |
Wagon Mound (No. 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. 1),[2] which introduced remoteness as a rule of causation to limit compensatory damages.