re polemis test

[The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. The falling of the blank was due to Defendant’s negligence. The direct consequence test was overruled in the Wagon Mound no 1 and replaced with a new test for deciding if damages are too remote: The Wagon Mound no 1 [1961] AC 388 Case summary . This case, popularly referred to as the Re Polemis Case , was the landmark case on the test of directness. While discharging at Casablanca, a heavy plank fell into the hold and caused an explosion, which eventually destroyed the ship. [1921]. It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … Re Polemis has yet to be overruled by an English court and is still technically "good law". Ocr. 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. Re Polemis and Furness, Wilthy & Co. Remoteness test . 3 K.B. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. 1961 RE POLEMIS But there the test is different from that which applies in determining what the actor should have reasonably foreseen as the potentialities of his act which is thus held to be negligent and blameworthy. 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. the test of directness: The test of directness was considered more appropriate as compared to the test of reasonable foresight stated in the case of Re Polemis [3] . For "Remoteness of vesting" see instead Rule against perpetuities.. The Courts of Appeal held the test of reasonable foresight to be the relevant test whereas later the Privy Council upheld the test of directness. Citation[1921] 3 K.B. The courts have developed tests in order to determine if the damage is too remote. You may wish to consider whether these tests bring significantly different outcomes. 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. The court of appeal found the test of reasonable foresight to be relevant whereas later the privy council upheld the test of directness. Furness chartered the Polemis to carry a cargo of petrol and benzene. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. In re Polemis & Furness, Withy & Co Brief . 560. Further under this test, if one could foresee the damages, one is held liable for all the direct consequences. 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?. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. 560. Re Polemis Case (1921) This case was a landmark judgement in the test of directness. 40. Re Polemis and Furness, Withy & Co [1921] 3 KB 560 Facts: The plaintiffs chartered a ship and due to bad weather the cargo had leaked, releasing some gas below the deck. 560, [1921] All E.R. 1) [1961]. 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. Brief Fact Summary. Wish to consider whether these tests bring significantly different outcomes, one held... While discharging at Casablanca, a heavy plank fell into the hold and caused an explosion, Which eventually the... 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