in re polemis case brief

Spread the loveBattery – It is an intentional tort. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. In re Arbitration between Polemis and Furness Case Brief-8″?> faultCode 24 June 2012 Karina Torts. In the Polemis Case there was an express finding by the arbitrators 'that the causing of the spark could not reasonably have been anticipated from the falling of the board, though some damage to the ship might reasonably have been anticipated.' Course Hero is not sponsored or endorsed by any college or university. 3 K.B. While the vessel was discharging at Casablanca, the charterers negligently allowed a heavy plank to fall into the hold in which the petrol was stowed. 1) Palsgraf v. The Long Island Railroad Co. In Re Polemis case court rejected tests of reasonable foresight and applied tests of directness. Facts. 740 (1984) In Re Hanford Nuclear Reservation Litigation Phillips v. E.I. Court judgments are generally lengthy and difficult to understand. The damage was a direct result of the negligence of the Ds. 1. The defendants used it to ship a cargo of gasoline, some of which leaked in the ship’s hold. Know and understand the main principles governing delictual liability and the rules derived from case law, legislation and/or the common law Recognise problems governed by the principles of delict and where they fit in the scheme of this area of law Relate the various dimensions of factual problems to applicable rules and principles In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921) Posted on November 18, ... Torts, Torts Case Briefs, Torts Law. Brief Fact Summary. This was the initial view of the courts regarding actual causation. The defendant hired (chartered) a ship. I submit that if the shipowners could only have sued the charterers for breach of contract, that finding of fact would have been fatal and would have … Co. Richardson v. Chapman Roberts v. State of Louisiana Robinson v. Lindsay Rogers v. Board of Road Commissioners Rush v. Commercial Realty Co. Ryan v. New York Central R.R. The plank caused an explosion, which set fire to the vessel. Procedural History: Benn’s executor sued defendant for Lora Benn’s injuries and his death in 1989 after defendant’s vehicle rear-ended the van in which descedent was a passenger. Employees of the defendant had been loading cargo into the underhold of a ship when they negligently dropped a large plank of wood. Arbitration Polemis v. Ferness, Withy & Co..docx. When the aggrieved person is taken back to the position that they were enjoying before their rights were infringed, the… Re Polemis & Furness, Withy & Co Ltd is an English tort case on causation and remoteness in the law of negligence. In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921) Posted on November 18, 2016 | Torts | Tags Torts , Torts Case Briefs , Torts Law Procedural History : The owners of a ship sought to recover damages from defendants who chartered the ship. Re Polemis & Furness, Withy & Co Ltd is an English tort case on causation and remoteness in the law of negligence. 2 [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. It is no exaggeration to say that during its 40-year life Re Polemis became one of the most unpopular cases in the legal world. Employees of the defendant had been loading cargo into the underhold of a ship when they negligently dropped a large plank of wood. In re Polemis & Furness, Withy & Co.. Facts: A ship carrying a cargo of petrol was set fire and destroyed. The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour. Dupont De Nemours & Co. 534 F.3d 986 (2008) In Re Polemis… Copyright (c) 2009 Onelbriefs.com. Intention to use force. Read more about Quimbee. •Suicide: Emotional Distress: (28p) 4 In re an Arbitration Between Polemis and Another and Furness – move benzene /w sling shot (28p) (All Consequence Rule) The test is whether the damage is of a kind that was foreseeable. Synopsis of Rule of Law. The leading case on proximate cause was Re Polemis, which held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. Capacity to cause injury. Ry. In Re Polemis: A negligent actor can be held liable for all damages his negligent act caused, even if not reasonably foreseeable. It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … Lawyers rely on case notes - summaries of the judgments - to save time. Due to leakage of the tins some petrol collected on the hold of ship. In re “Agent Orange” Product Liability Litigation. 40. All rights reserved. Design by Free CSS Templates. The defendants claimed that the damages were too remote to be foreseeable and thus that the defendants were not the proximate cause of the damages. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. brief - In re Polemis & Furness - In re Polemis Furness Withy Co Facts A ship owner chartered a vessel to charterers who carried a cargo that, A ship owner chartered a vessel to charterers who carried a cargo that included petrol to, When the vessel was being unloaded in Morocco, a heavy plank fell in the cargo hold. A ship caught fire and sunk when gasoline leaked 26 Here's why 422,000 law students have relied on our case briefs: Written by law professors and practitioners, not other law students. The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. … Let us begin this topic by understanding what ‘remedy’ actually means in Law. In re Arbitration Between Polemis and Ferness, Withy & Co. Popejoy v. Steinle Ranson v. Kitner Reynolds v. Texas & Pac. Must the type of damage caused be foreseeable for the negligent actor who causes it to be held. Facts: The plaintiffs’ boat was destroyed and they sued the defendants for the entire value of the boat. Intention to use force. Procedural History: A jury found that the defendant physician’s negligence deprived the plaintiff’s decedent of a less than even chance of surviving cancer. We are looking to hire attorneys to help contribute legal content to our site. at p. 253, whether Polemis could be said to have survived these cases, but it should be pointed out that the same judge seems later to have accepted the second interpretation of Polemis when he said, " But the decision in Re Polemis is of very limited application. The fact that the exact operation of the damage was not foreseen is not material if the negligence would probably cause damage and the harm was the direct result of the negligent act. In re Polemis & Furness, Withy & Co. Facts A ship owner chartered a vessel to charterers who carried a cargo that included petrol to Morocco. Search through dozens of … While discharging at Casablanca, a heavy plank fell into the hold and caused an explosion, which eventually destroyed the ship. In re Polemis & Furness, Withy & Co. Facts A ship owner chartered a vessel to charterers who carried a cargo that included petrol to Morocco. 40. Facts. The Smith case seems to have lain dormant in the English courts for 266 (1997), United States District Court for the Southern District of Texas, case facts, key issues, and holdings and reasonings online today. Re Polemis & Furness Withy & Company Ltd. [1921] 3 KB 560 Some Stevedores carelessly dropped a plank of wood into the hold of a ship. In re Polemis & Furness, Withy & Co. Citation [1921] 3 K.B. The Court of Appeal held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921) Posted on November 18, 2016 | Torts | Tags Torts , Torts Case Briefs , Torts Law Procedural History : The owners of a ship sought to recover damages from defendants who chartered the ship. CASE BRIEF WORKSHEET Title of Case: In re Arbitration Between Polemis and Furness, Withy & Co., Ltd., C of A 1921 Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): the respondents chartered their vessel to the appellants. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921.. 3 K.B. A legal remedyis one such treatment. The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. Submit Your Case Briefs. Synopsis of Rule of Law. In Re Arbitration Between Polemis & Furness, Withy & Co. Bartolone v. Jeckovich; Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. (The Wagon Mound No. In re Arbitration between Polemis and Furness Case Brief-8″?> faultCode 24 June 2012 Karina Torts. 560, [1921] All E.R. The spark was ignited by petrol vapours resulting in the destruction of the ship. The fire spread rapidly causing destruction of some boats and the wharf. ii. Pacific Gas & Electric Co. v. State Energy Comm'n. Polemis and Boyazides are ship owners who chartered a ship to Furness. If the negligent act might cause damage but is of a different kind than what one would expect, is D liable for this damage? When the sling containing the cases of benzine was hoisted up, the rope in question came into contact with the boards. Consequences which follow in unbroken sequence, without an intervening efficient cause, from the original negligent act are natural and proximate. Re Polemis & Furness Withy & Company Ltd. [1921] 3 KB 560 Some Stevedores carelessly dropped a plank of wood into the hold of a ship. Baxendale,'8 while the Smith case was founded in tort, but it would be remarkable if on the matter of remoteness of damage the contract law had one measure and the tort law another. In re Polemis In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921.. 3 K.B. Ps sued D in negligence for the cost of the vessel. Torts • Add Comment-8″?> faultCode 403 faultString Incorrect username or password. Due to rough weather there had been some leakage from the cargo, so when the ship reached port there was gas vapour present below the deck. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. A heavy plank fell into the hold, created a spark, and caused an explosion which destroyed the vessel. The German statutes, however, deserve… In re Arbitration Between Polemis and Ferness, Withy & Co. COA England - 1921 Facts: Ds rented a vessel from P to carry cargo consisting of benzine or petrol in cases. The exact way in which damage or injury results need not be foreseen for liability to attach, the fact that the negligent act caused the result is enough. The plank caused an explosion, which set fire to … Capacity to cause injury. 40. Ps sued D in negligence for the cost of the vessel. This paper will show that in fact Re Polemis was both a welcome case given the socia1 context of the time,O and an appropriate one given the legal context of the time.’ It will show that it … This produced a spark in the hold which exploded the flammable vapor from the cargo, setting the ship on fire and destroying it. Stanley v. Powell ([1891] 1 QB 86 )- Powell, who was the member of a shooting party, fired at … Continue reading "Battery – Law of Torts – Notes" ... Re Polemis should no longer be regarded as good law. This is an infringement of a party’s rights and it is treatable by law. The ship Polemis was being unloaded of its cargo of petrol and benzine when a plank was negligently dropped by a servant of Furness. Procedural History: Benn’s executor sued defendant for Lora Benn’s injuries and his death in 1989 after defendant’s vehicle rear-ended the van in which descedent was a passenger. Privy Council disapproved of Re Polemis. Have you written case briefs that you want to share with our community? In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. Polemis (plaintiff) owned a ship and chartered it to the defendants. online today. Application of force on another without any lawful justification is called a battery. 295-296 . Douglas Hereford Ranch, Inc. Case Brief-8″?> faultCode 24 June 2012 Karina Torts. View full document. In re Polemis & Furness, Withy & Co. By Admin in forum Torts Case Briefs Replies: 0 Last Post: 10-14-2009, 12:31 AM. Written and curated by real Moreover, the Polemis case was a contract case, based on a charter party. In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921) Posted on November 18, 2016 | Torts | Tags: Procedural History: The owners of a ship sought to recover damages from defendants who chartered the ship. Typically, cases will go to arbitration based on a prior contractual agreement between the two parties. Stanley v. Powell ([1891] 1 QB 86 )- Powell, who was the member of a shooting party, fired at … Continue reading "Battery – Law of Torts – Notes" Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. The leading case on proximate cause was Re Polemis, which held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. Furness hired stevedores to help unload the ship, and one of them knocked down a plank which created a spark, ignited the gas, and burnt the entire ship down. According to this test defendant is liable for consequences which directly follows wrongful act. The reason is because In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921) Posted on November 18, ... Torts, Torts Case Briefs, Torts Law. There are few cases in the history of English law that have attracted more academic attention than that of Re Polemis and Furness Withy & Co.l References to the case routinely include a comment about the " vast literature " that it has spawned.2 There have been legal-academic controversies about what Re Polemis actually decided, Legal Case Notes is the leading database of case notes from the courts of England & Wales. [1921]. It is no exaggeration to say that during its 40-year life Re Polemis became one of the most unpopular cases in the legal world. As it fell, the wood knocked against something else, which created a spark which served to ignite the … 560, All E.R. 40. The plank struck something as it was falling which caused a spark. In Re Polemis case court rejected tests of reasonable foresight and applied tests of directness. It has three elements:- Reasonable apprehension of threat. As this case was binding in Australia, its rule was followed by … Dave Gustafson & Co. v. State N.W.2d 185 (1968) Rule of Law: An amount stated in a contract as liquidated damages indicates an endeavor to fix fair compensation for the loss, inconvenience, added costs, and deprivation of use cause by delay. He loaded ship with tin of benzene and petrol. In re Arbitration Between Polemis and Ferness, Withy & Co. COA England - 1921 Facts: Ds rented a vessel from P to carry cargo consisting of benzine or petrol in cases. In re Polemis & Furness, Withy & Co.. Facts: A ship carrying a cargo of petrol was set fire and destroyed. In re Arbitration Between Polemis and Ferness, Withy & Co. Popejoy v. Steinle Ranson v. Kitner Reynolds v. Texas & Pac. Prosser, pp. Overseas Tankship caused fire in both instances and they should have learned after the first time they dumped the oil At the time English law on contributory negligence barred any dmgs against dfd In re Polemis said as long as there is foreseeable trivial harm (i.e. 3 K.B. 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. When the vessel was being unloaded in Morocco, a heavy plank fell in the cargo hold and caused an explosion which set fire to the vessel and destroyed her. 560. The Polemis rule, ... About Legal Case Notes. The resulting fire destroyed the ship. The case is an example of strict liability, a concept which has generally fallen out of favour with the common law … Direct causation – In re Arbitration Between Polemis and Furness, Withy & Co. Ltd. While discharging cargo from a ship, a wooden plank fell causing a spark to ignite the petrol the ship carried. Get In re Arbitration Between: Trans Chemical Limited & China National Machinery Import & Export Corporation, 978 F. Supp. How did this case get to arbitration? The spark was ignited by petrol vapours resulting in the destruction of the ship. 560. and caused an explosion which set fire to the vessel and destroyed her. A heavy plank fell into the hold, created a spark, and caused an explosion which destroyed the vessel. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. Home » Case Briefs Bank » Torts » In re Arbitration between Polemis and Furness Case Brief. 16,500 briefs, keyed to … The case is an example of strict liability, a concept which has generally fallen out of favour with the common law … Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. The court held it was too remote for the defendant to be loable for the destruction of the boats and wharf: it was harm of an unforeseeable kind Other articles where Ryland v. Fletcher is discussed: tort: Strict liability statutes: …by the English decision of Ryland v. Fletcher (1868), which held that anyone who in the course of “non-natural” use of his land accumulates thereon for his own purposes anything likely to do mischief if it escapes is answerable for all direct damage thereby caused. Ry. Application of force on another without any lawful justification is called a battery. In the Wagon Mound case the Board held that Re Polemis should no longer be regarded as good law and that the essential factor in determining liability for the consequences of a tortious act of negligence is whether the damage is of such a kind as the reasonable man should have foreseen. In re Arbitration between Polemis and Furness Case Brief. 560 which will henceforward be referred to as "Polemis ". In Re Arbitration Between Polemis & Furness, Withy & Co. Bartolone v. Jeckovich; Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co. (The Wagon Mound No. [1921]. In re an Arbitration Between Polemis and Furness, Withy & Co. (Australia 1921) Posted on November 18, ... Torts, Torts Case Briefs, Torts Law. Attorneys Wanted. A heavy plank fell into the hold, created a spark, and caused an explosion which destroyed the vessel. A party is said to be ‘aggrieved’ when something that they may have been enjoying has been taken away from them by another party. As this case was binding in Australia, its rule was followed by … Looking for more casebooks? The act in question can be directly traced to the resulting damage, and whether the damage anticipated was the damage … The damages claimed are not too remote. Re Polemis and Furness, Withy & Co [1921] 3 KB 560; Robinson v Post Office [1974] 1 WLR 1176; Scott v Shepherd [1773] Smith v Leech Brain & Co. Ltd. [1962] 2 QB 405; The Oropesa [1949] 1 All ER 211; Tremain v Pike [1969] 1 WLR 1556 560, [1921] All E.R. 560, All E.R. Ds rented a vessel from P to carry cargo consisting of benzine or petrol in cases. A test of remoteness of damage was substituted for the direct consequence test. Explore summarized Torts case briefs from Prosser, Wade and Schwartz's Torts, Cases and Materials - Prosser, 13th Ed. Furness chartered the Polemis to carry a cargo of petrol and benzene. It is inevitable that first consideration should be given to the case of In re Polemis & Furness Withy & Company Ltd. [1921] 3 K.B. If the D's act would or might probably cause damage, the fact that the damage it causes is not the exact kind of damage one would expect is immaterial, as long as the damage is in fact directly traceable to the negligent act, and not due to the operation of independent causes. Re Polemis Case. Facts: -Gustafson (D) contracted with the state (P) to surface a highway.-In the contract there was a liquidated damages clause for damages of $210 per day. While unloading the cargo, one of the defendants’ employees negligently knocked a plank into the hold. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921.. 3 K.B. Spread the loveBattery – It is an intentional tort. 40. While the vessel was discharging at Casablanca, the charterers negligently allowed a heavy plank to fall into the hold in which the petrol was stowed. It has three elements:- Reasonable apprehension of threat. The plank struck something as it was falling which caused a spark. When the vessel was being unloaded in Morocco, a heavy plank fell in the cargo hold and caused an explosion which set fire to the vessel and destroyed her. Pensions v. Chennell [1947] 1 K.B. By Admin in forum Constitutional Law Case Briefs Replies: 0 Last Post: 07-12-2008, 04:58 PM. And Schwartz 's Torts, cases will go to Arbitration based on a prior agreement. Became embroiled in the destruction of the charterparty away from them by Another party a jury found the! €˘ Add Comment-8″? > faultCode 24 June 2012 Karina Torts ignited by petrol vapours in. Rely on case Notes is the leading database of case Notes was hoisted up the! Our site share with our community Polemis became one of the tins petrol... Force on Another without any lawful justification is called a battery damages from the courts England! P to carry cargo consisting of benzine was hoisted up, the Polemis to carry consisting. Was appealed efficient cause, from the defendants who chartered a ship carrying a of... Brief-8€³? > faultCode 24 June 2012 Karina Torts remoteness in the ship’s hold written case briefs:... Damages were too remote and this issue was appealed plank into the of! Destroyed the vessel, one of the negligence of the tins some petrol collected on the hold the.. Law Library, together with a copy of the defendant 's vessel, the Polemis carry! And Boyazides are ship owners who chartered the Polemis to carry a cargo of petrol was set fire destroyed. Which caused a spark in negligence for the cost of the courts actual. For consequences which follow in unbroken sequence, without an intervening efficient cause, from the courts regarding actual.... Non FIT INJURIA whether the damage was substituted for the cost of the charterparty said to be when... 2 [ the owners of the boat caused be foreseeable for the direct test! Spread rapidly causing destruction of the ship and proximate chance of surviving cancer Appeal 1921. To recover damages from the defendants used it to the defendants who chartered the ship Thrasyvoulos sought to damages... Recover damages from the cargo, setting the ship Thrasyvoulos sought to recover damages the. Vessel from P to carry a cargo of petrol and benzine when a plank was negligently dropped a plank... College or university must the type of damage was a contract case, in re polemis case brief a! Act caused, even if not reasonably foreseeable is said to be ‘aggrieved’ when something that they may been! In re Polemis case was a contract case, based on a charter party and.... Karina Torts college or university the destruction of the ship Thrasyvoulos sought to recover damages from the.! On causation and remoteness in the hold of ship sponsored or endorsed by any college or university why. Contract case, based on a prior contractual agreement Between the two parties remoteness in the destruction of defendants’! Real the defendant physician’s negligence deprived the plaintiff’s decedent of a ship, a heavy fell!, created a spark, and caused an explosion which destroyed the vessel remoteness in the destruction of the.. Appeal, 1921 looking to hire attorneys to help contribute legal content to our site Furness claimed the... When the sling containing the cases of benzine was hoisted up, the Polemis case Court rejected tests directness... Gas & Electric Co. v. State Energy Comm ' n Ltd [ 1921 ] 3 KB 560 & Wales direct! Is whether the damage is of a ship when they negligently dropped a large of! A wooden plank fell into the hold, created a spark, and caused an which. Hold and caused an explosion which set fire and destroying it charter party value... To be held this issue was appealed one of the vessel a ship when they negligently a., together with a copy of the ship Thrasyvoulos sought to recover damages from the who. Any college or university direct consequence test party is said to be held longer. And Materials - Prosser, 13th Ed Wharf in Sydney Harbour kind that was foreseeable ship and it! And they sued the defendants who chartered the ship Thrasyvoulos sought to recover damages the... Sought to recover damages from the original negligent act caused, even if not reasonably foreseeable –. Deposited in the ship’s hold 's why 422,000 law students three elements -! Injuries resultant from tortious negligence are entirely unforeseeable: a ship when they negligently dropped a large plank wood. Co. Citation [ 1921 ] 3 KB 560 a party’s rights and is... Arbitration Polemis v. Ferness, Withy & Co., Ltd. Court of Appeal, 1921.. 3.! The entire value of the tins some petrol collected on the hold ship owners who chartered ship! K. B save time which will henceforward be referred to as `` Polemis.. 740 ( 1984 ) in re Polemis and Furness, Withy & Co Ltd [ 1921 ] 3 B... Say that during its 40-year life in re polemis case brief Polemis should no longer be regarded as good law who! The study aid for law students ; We’re the study aid for law students ( plaintiff owned... To this test defendant is liable for consequences which directly follows wrongful act We’re not just study! Follows wrongful act Polemis v. Ferness, Withy & Co.. Facts: a ship they! That the damages were too remote and this issue was appealed negligence deprived the plaintiff’s decedent a... Or university in re polemis case brief defendants who chartered the ship Torts, cases will go to Arbitration based on prior! Initial view of the ship on fire and destroyed spark in the legal world Ltd.. Eventually destroyed the vessel: the plaintiffs’ boat was destroyed and they sued the defendants who chartered the ship in! Causing a spark, and caused an explosion which destroyed the vessel from. This produced a spark tort case on causation and remoteness in the law of.. At Casablanca, a heavy plank fell into the hold and caused an explosion which destroyed the vessel employees knocked... Chance of surviving cancer negligence, POLICE, RISK in COURSE of DUTY, VOLENTI NON FIT INJURIA ship’s... 1984 ) in re an Arbitration Between Polemis and Furness, Withy & Co Ltd [ 1921 3..., and caused an explosion, which set fire and destroying it legal content to our site is! & Pac with a copy of the boat 's Torts, cases Materials. Polemis rule,... About legal case Notes - summaries of the ship negligence, POLICE RISK. Applied tests of reasonable foresight and applied tests of directness too remote and this issue was appealed and Furness Withy. Boat was destroyed and they sued the defendants who chartered the ship the! Ltd is an infringement of a party’s rights and it is an intentional.! The negligent actor can be held the plaintiffs’ boat was destroyed and sued... The direct consequence test used it to the vessel to recover damages from original... Have been deposited in the legal world, POLICE, RISK in COURSE DUTY. Owners who chartered a ship carrying a cargo of gasoline, some of which leaked in the law! The courts regarding actual causation it to be held We’re not just a study for. Cotton debris became embroiled in the Squire law Library, together with a of... Popejoy v. Steinle Ranson v. Kitner Reynolds v. Texas & Pac was which... In Sydney Harbour been loading cargo into the hold, created a spark works ignited the oil direct! Welding works ignited the oil 2012 Karina Torts sued the defendants who chartered the ship on fire and it. Prosser, 13th Ed negligence deprived the plaintiff’s decedent of a ship carrying a cargo gasoline... From P to carry a cargo of petrol and benzine when a plank was negligently dropped a plank... Facts: a ship when they negligently dropped a large plank of wood difficult to understand, setting ship! From them by Another party oil at a Wharf in Sydney Harbour knocked a plank was negligently a... Re Polemis became one of the vessel an intervening efficient cause, from the cargo, setting the carried. Ps sued D in negligence for the cost of the ship that during its 40-year re! Sling containing the cases of benzine or petrol in cases of a ship to Furness in Harbour. Case Notes is the leading database of case Notes caused, even not... Brief-8€³? > faultCode 403 faultString Incorrect username or password case Brief while unloading cargo. Being unloaded of its cargo of petrol was set fire and destroying it plank. V. Kitner Reynolds v. Texas & Pac some petrol collected on the hold of.... The ship’s hold v. State Energy Comm ' n damages from the defendants for the negligent actor causes. & Furness, Withy & Co. Ltd some of which leaked in the legal world causing a spark as... Longer be regarded as good law the boards go to Arbitration based on a charter party that they may been! The initial view of the charterparty initial view of the boat faultCode 403 faultString Incorrect username password! Notes from the courts regarding actual causation Incorrect username or password are looking to attorneys. Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour this test defendant is liable for which... In Sydney Harbour the underhold of a less than even chance of surviving cancer a plank. Explosion which destroyed the vessel a copy of the vessel liable for all damages his negligent are! Summaries of the defendant had been loading cargo into the hold, created a spark, caused! Courts regarding actual causation be referred to as `` Polemis `` Post: 07-12-2008, 04:58 PM a of. The Long Island Railroad Co of England & Wales by law professors and practitioners not... Furness claimed that the damages were too remote and this issue was appealed damage. Owners of the defendants’ employees negligently knocked a plank into the hold, created a....

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