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Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd : ウィキペディア英語版 | Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd
''Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd'' or "Wagon Mound (No. 1)" () (UKPC 1 ) is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council held that a party can only be held liable for damage 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. ''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. ==Facts== Overseas Tankship had a ship, the ''Wagon Mound'', docked in Sydney Harbour in October 1951. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. Hot metal produced by welders using oxyacetylene torches on the respondent's timber wharf (Mort's Dock) at Sheerlegs Wharf fell on floating cotton waste which ignited the oil on the water. The wharf and ships moored there sustained substantial fire damage. In an action by Mort's Dock for damages for negligence it was found as a fact that the defendants did not know and could not reasonably have been expected to know that the oil was capable of being set alight when spread on water. The dock owners knew the oil was there, and continued to use welders.
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