Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1)
[1961] AC 388; [1961] UKPC 219611 min read
The case in brief30-second read
- Facts
- Furnace oil negligently spilled from the Wagon Mound in Sydney Harbour spread to the respondents' wharf, where welding sparks ignited it and the wharf was damaged by fire.
- Issue
- Whether the defendant was liable for damage that was a direct but unforeseeable result of its negligence.
- Held
- The defendant was not liable because fire damage was not reasonably foreseeable. The Privy Council rejected the direct consequence test in Re Polemis.
- Principle
- A negligent defendant is liable only for damage of a kind that was reasonably foreseeable.
Facts
- Furnace oil negligently spilled from the Wagon Mound in Sydney Harbour spread to the respondents' wharf, where welding sparks ignited it and the wharf was damaged by fire.
Issue
- Whether the defendant was liable for damage that was a direct but unforeseeable result of its negligence.
Held
- The defendant was not liable because fire damage was not reasonably foreseeable. The Privy Council rejected the direct consequence test in Re Polemis.
Cite this
Citation
Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) [1961] AC 388; [1961] UKPC 2Reported: https://www.bailii.org/uk/cases/UKPC/1961/1961_2.html (not on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.