Question
I have a question about these 2 cases: Overseas Tankship (UK) Ltd v Mort's Dock and Engineering Co Ltd (The Wagon Mound (No 1)) [1961]
I have a question about these 2 cases:
Overseas Tankship (UK) Ltd v Mort's Dock and Engineering Co Ltd (The Wagon Mound (No 1)) [1961] AC 388
Overseas Tankship (UK) Ltd v Miller Steamship Pty Ltd (The Wagon Mound (No 2)) [1967] 1 AC 617
Both of these 2 cases are based on one fact, but with the different plaintiffs, the outcomes are rather different:
In the first case, the court said that it was not reasonably foreseeable that the oil would catch on fire in the water, there is some risk, but not a high one as it normally would not have ignited.
However, in the second case, the court said that a properly qualified and alert engineer would have realized there was a real risk (not far fetched risk)
So what causes such a difference in the outcome of these 2 cases, when they are based on the same fact?
Context:
Please search Overseas Tankship (UK) Ltd v Mort's Dock and Engineering Co Ltd (The Wagon Mound (No 1)) [1961] AC 388 and Overseas Tankship (UK) Ltd v Miller Steamship Pty Ltd (The Wagon Mound (No 2)) [1967] 1 AC 617 on website.
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