re polemis established

The damage from the oil was foreseeable but the fire damage was too remote therefore D was not liable for it. The impact of the plank in the hold caused a spark which ignited petrol vapour which had accumulated in the hold. The test of reasonable foresight seems to be well established and widely accepted by now to determine the question of the remoteness of damage, the facts of the case and the evidence present shall always be the priority determining factors for the fate of any case. You may wish to consider whether these tests bring significantly different outcomes. The original test was directness (Re Polemis) but following Wagon Mound No 1 (briefly described) causation will be established by damage which is ?reasonably foreseeable?. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd , commonly known as Wagon Mound , is a landmark tort law case, which imposed a remoteness rule for causation in negligence. Re Polemis and Furness, Withy & Co. (Old law)- ... Remoteness of damage established. 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. re Polemis established the original rule, the high court initiated a course of qualification and restriction which has now culminated in the recent case of Monarch S.S. Co. v. A/B Karlshamns Oljefabriker.2 Thus the House of Lords has raised anew the perplexing question of the extent of liability for negligent acts. In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. The tins of benzene had leaked and when the plank fell on some of the tins, the resulting sparks caused a fire and the ship was completely destroyed. In this case, the damage caused to the wharf by the fire and the furnace oil being set alight could not be foreseen by a … Re Polemis & Furness, Withy & Co Ltd (1921) is an English tort case on causation and remoteness in the law of negligence. The rule established in Re Polemis is "out of the current of contemporary thought" Hayes v Minister for Finance Man on motorbike ran through speed check, pursued by Gards, did not stop. i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. Harwood Ch. Re Polemis A worker carelessly dropped a plank into the hold, causing a spark, which ignited the petrol vapour, and the ship was completely burnt. The ensuing explosion caused a fire which destroyed the ship. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. Case1) the Privy Council rejected the rule pronounced in In re Polemis and Furness, Withy & Co.2 and re-established the rule of reasonable foreseeability. DIRECT CONSEQUENCES Re Polemis (footnote n.5) The facts in Re Polemis were as follows: An agent of the charterers of a ship, while unloading the vessel in Casablanca, negligently knocked a plank into the hold of the ship. Bradford v Robinson Rentals [1967] 1 All ER 267 - D employed C as a delivery driver. It has, therefore, become imperative to examine the sound- DIRECT CONSEQUENCE TEST (RE POLEMIS AND FURNESS, WITHY &CO LTD) • Due to the negligence of the stevedores of the charterer, a plank fell into the hold of the ship. The new rule, as interpreted in subsequent cases, has given rise to many complicated issues. 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