Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd
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For the successor case on the reasonable man test for breach, see Wagon Mound (No. 2).
Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd,[1] commonly known as Wagon Mound (No. 1), is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council[2] held that a party can be held liable only for loss that was reasonably foreseeable. Contributory negligence on the part of the dock owners was also relevant in the decision, and was essential to the outcome, although not central to this case's legal significance.
Quick Facts Wagon Mound (No. 1), Court ...
Wagon Mound (No. 1) | |
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Court | Privy Council |
Decided | 18 January 1961 |
Citation(s) | [1961] UKPC 2, [1961] AC 388; [1961] 1 All ER 404 |
Case history | |
Prior action(s) | Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) (No 1) (1959) 61 SR (NSW) 688 |
Court membership | |
Judge(s) sitting | Viscount Simonds, Lord Reid, Lord Radcliffe, Lord Tucker and Lord Morris of Borth-y-Gest |
Case opinions | |
Decision by | Viscount Simonds |
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The Wagon Mound (No 1) should not be confused with the successor case of the Overseas Tankship v Miller Steamship or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care.[3]