Defence of Necessity CASES

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Southport Corp v Esso Petroleum Co Ltd [1954] EWCA Civ 5

An oil tanker's master discharged 400 tons of oil to save the ship and crew after it grounded. The oil polluted Southport's foreshore. The corporation's claim in trespass and nuisance failed as the damage was consequential, not direct. Facts The defendants’, Esso Petroleum Co Ltd, oil tanker ‘Inverpool’ developed a steering fault while in the Ribble estuary and ran aground on a sandbank. The weather conditions were poor and there was a danger of the vessel breaking her back. To save the vessel and the lives of the crew, the master discharged approximately 400 tons of fuel oil. This oil