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. 560. The new rule, as interpreted in subsequent cases, has given rise to many complicated issues. 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 … 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. Re Polemis and Furness, Withy & Co. (Old law)- ... Remoteness of damage established. 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 A worker carelessly dropped a plank into the hold, causing a spark, which ignited the petrol vapour, and the ship was completely burnt. 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. It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. The impact of the plank in the hold caused a spark which ignited petrol vapour which had accumulated in the hold. You may wish to consider whether these tests bring significantly different outcomes. The damage from the oil was foreseeable but the fire damage was too remote therefore D was not liable for it. This case disapproved the direct consequence test in Re Polemisand established the test of remoteness of damage. Re Polemis & Furness, Withy & Co Ltd (1921) is an English tort case on causation and remoteness in the law of negligence. Crashed, himself and passenger were seriously injured. The ensuing explosion caused a fire which destroyed the ship. 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. 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. 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. This asks whether the damage would be reasonably foreseeable. 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. 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?. It has, therefore, become imperative to examine the sound- 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. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. For "Remoteness of vesting" see instead Rule against perpetuities.. 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