An oil tanker ran aground in an estuary. The master jettisoned 400 tons of oil cargo to prevent the tanker breaking her back. The tide carried the oil slick on to a foreshore causing damage. The foreshore owners sued the shipowners in trespass, nuisance and negligence. However, the only negligence alleged on the pleadings was faulty navigation by the master for which it was said the owners were vicariously liable. The owners’ case was that the stranding was due to faulty steering gear caused by a crack in the stern frame. The defence of necessity was raised.
Held: The defence succeeded. Devlin J spoke in terms of an imminent danger to life rendering it necessary to inflict damage on another’s property. However, the doctrine of necessity could not operate to defeat liability for a negligent act committed by the defendant that was causative of the danger or emergency.
Judges:
Devlin J
Citations:
[1953] 3 WLR 773, [1953] 2 All ER 1204
Jurisdiction:
England and Wales
Cited by:
Appeal from – Southport Corporation v Esso Petroleum Co Ltd CA 3-Jun-1954
The defendant’s tanker came aground, spilling fuel, for which the corporation claimed damages. The corporation appealed against rejection of that claim.
Held: In order to support an action for private nuisance the defendant must have used his . .
At first instance – Esso Petroleum Co Ltd v Southport Corporation HL 1955
A tanker, the Inverpool, was grounded in difficult weather by its master when he feared its back was broken. Substantial volumes of oil leaked, and the local authority sought to recover the costs of the clean up. At first instance, the defence of . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 04 May 2022; Ref: scu.581023
