Re Polemis. 126. In Re Polemis and Furness, Withy and Co Ltd [1921] In Re Polemis and Furness, Withy and Co Ltd is an early Court of Appeal case which held that a defendant is liable for all losses which are a direct consequence of their negligence. Prosser, pp. In re Polemis and Furness, Withy and Co: CA 1921. Judicial Committee of the Privy Council; Viscount Simonds, Lord Reid, Lord Radcliffe, Lord Tucker, Lord Morris of Borth-y-Gest. The case of Re Polemis & Furness, Withy & Co Ltd (1921) or popularly known as re polemis is a very significant case that had set the tone with regards to dealing with negligence of personnel and the action for damages resulting thereof. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd Case Brief - Rule of Law: The exact way in which damage or injury results need not be foreseen This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. Re Polemis and Furness, Withy & Co, Ltd [1921] All ER Rep 40 . (Shippers … The claimants were the owners of the Greek steamship Thrusyboiilos and the respondents, Furness Withy & Co., were time charterers. [3], An exception that still applies is the talem qualem rule, (or "eggshell skull rule"), which means "you take your victim as you find him"; but this applies ONLY to personal injury, as in Smith v Leech Brain. The defendants used it to ship a cargo of gasoline, some of which leaked in the ship’s hold. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. The rule of reasonable forseeability means that a defendant would only be liable for damages which are a direct and foreseeable result from his actions. Topics related to both Norwich City Council v Harvey and Re Polemis & Furness, Withy & Co Ltd. Donoghue v Stevenson. This preview shows page 140 - 142 out of 189 pages. 560 (1921) NATURE OF THE CASE: This is an arbitration case for damages from a tortious injury. 560, the defendant hired (chartered) a ship. Polemis and Boyazides are ship owners who chartered a ship to Furness. In Re an Arbitration between Polemis and Furness, Withy & Co. (1921) 3 KB 560 : (1921) All ER Rep. 40 Sl. 40. The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of how unforeseeable. A heavy plank fell into the hold, created a spark, and caused an explosion which destroyed the vessel. The contract of charter was read to hold the defendant charterers responsible for damage caused by fire due to their negligence. Unknown to the stevedores, there was a leakage of petrol in the hold of the ship and thus there was inflammable vapour. Furness, Withy & Company Ltd. While engaged on the service she was in Casablanca and i t became necessary to shift a large number of tins of petrol in the hold. 1) [1961]. 560. 560, All E.R. The test of reasonable foresight was rejected and the test of directness was considered to be more appropriate by the Courtof Appeal in Re Polemis and Furness, Withy & Co. Ltd. (1921) 3 K. B. The new rule, as interpreted in subsequent cases, has given rise to many complicated issues. 560). Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) He loaded the ship with a tin of benzene and petrol. Whilst unloading the cargo at the port, the workers dropped a heavy plank … In re Polemis & Furness, Withy & Co., (1921); pg. 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. Case Summary for In re an Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. 3 K.B. F.W. 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 Polemis and Furness, Withy & Co (1921 - UK Court of Appeal) Liability exists for direct causes. However, the court unanimously rejects this argument and say that when an action is negligent the actor is liable for any direct outcomes from the negligent act, even if they were not foreseeable. In re Polemis and Furness, Withy and Co: CA 1921. 560. The claimant appealed. Before this decision in The Wagon Mound No.1 defendants were held responsible to compensate for all the direct consequences of their negligence, a rule clarified by the decision in Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. 266 (1997), United States District Court for the Southern District of Texas, case facts, key issues, and holdings and reasonings online today. 2 [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. As it fell, the wood knocked against something else, which created a spark which served to ignite the surrounding petrol fumes, ultimately resulting in the substantial destruction of the … Why In Re Polemis and Furness, Withy and Co Ltd is important. The claimant … Year A negligent actor is liable for all direct results of the negligent act, even if they were not foreseeable before the accident. This video provides helpful tips and tricks to remember cases in minutes. The case of Re Polemis and Furness Withy came before the Eng-lish courts in 1921, four years after the accident in Casablanca in which the Thrasyvoulos was lost by fire. 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. 295-296 Facts: The plaintiffs’ boat was destroyed and they sued the … Cases like, Hall v Brooklands Auto Racing co., Polemis v Furness Withy & co. Ltd. etc are discusses in this video. Is it necessary that the specific type of damage caused be reasonably foreseeable in order for a defendant to be liable for damages? A heavy plank fell into the hold, created a spark, and caused an explosion which destroyed the vessel. The arbitrator held that the consequences of the spark could not have been anticipated and therefore no liability arose. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. Defendant’s stevedores, while unloading a ship, negligently knocked a wooden plank into the ship’s hold. "In Re an Arbitration between Polemis and Furness, Withy & Co., Ltd. ", 3 K.B. 560, All E.R. Re Polemis & Furness, Withy & Co Ltd [1921] 3 KB 560. 114 indiankanoon.org link casemine.com link legitquest.com link This was a dispute between the charterers and owners of … Before this decision in The Wagon Mound No.1 defendants were held responsible to compensate for all the direct consequences of their negligence, a rule clarified by the decision in Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. If by reason of negligence a cause of action arises, the defendants are liable for all the direct consequences of such negligence, even though such consequences could not reasonably have been anticipated. Overseas Tankship (UK) v. Morts Dock & Engineering (The Wagon Mound, No.1) (1961 - Privy Council) WAGON MOUND NUMBER ONE BITCHES, … 1. 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, therefore, become imperative to examine the sound-ness or otherwise of the rule and to explore the possibilities of its adoption in our country. In re Polemis & Furness, Withy & Co.. Facts: A ship carrying a cargo of petrol was set fire and destroyed. Pages 189; Ratings 100% (3) 3 out of 3 people found this document helpful. The case of Re Polemis & Furness, Withy & Co Ltd (1921) or popularly known as re polemis is a very significant case that had set the tone with regards to dealing with negligence of personnel and the action for damages resulting thereof. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. The defendant stevedore's employees were loading cargo into a ship. Is it necessary that the specific type of damage caused be reasonably foreseeable in order for a defendant to be liable for damages? Overseas Tankship (UK) v. Morts Dock & Engineering (The Wagon Mound, No.1) (1961 - Privy Council) WAGON MOUND NUMBER ONE BITCHES, … Remoteness The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of … The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. LexRoll.com > Law Dictionary > Torts Law > In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. 3 K.B. In Re Polemis and Furness, Withy & Co (1921 - UK Court of Appeal) Liability exists for direct causes. Re Polemis.3 came before the court on an award in the form of a special case. Appellant Re Polemis.3 came before the court on an award in the form of a special case. The arbitrator held that the causing of the spark could not have been anticipated and therefore no liability arose. Sentences for Re Polemis & Furness, Withy & Co Ltd It has the beneficial effect of simplifying and thereby expediting court decisions in these cases, although the application of strict liability may seem unfair or harsh, as in Re Polemis. THE RULE OF REASONABLE FORSEEABILITY. Uploaded By jstals. OVERTURNED. United Kingdom in re arbitration between polemis and furness, withy & co., ltd. Ct. of App., 3 K.B. in re arbitration between polemis and furness, withy & co., ltd. Ct. of App., 3 K.B. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921.. 3 K.B. In re Polemis & Furness, Withy & Co. Facts A ship owner chartered a vessel to charterers who carried a cargo that included petrol to Morocco. Definition of Polemis V. Fur-ness, Withy, Re ([1921] 3 K. . 560). Those four years had wit- Sustained decision in no1 overturned in re polemis. Add Thread to del.icio.us; Bookmark in Technorati; Tweet this thread; Thread Tools. Further, the proximity of the act to the outcome is close enough here to create a duty. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. Definition of Polemis V. Fur-ness, Withy, Re ([1921] 3 K. . Re Polemis.3 came before the court on an award in the form of a special case. 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. Re Polemis and Furness, Withy & Co. FACTS – The defendants chartered a ship. 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. The plank caused an explosion, which set fire to the vessel. 560 (1921) Facts. Bankes, Warrington, and Scrutton LJJ F.W. The new rule, as interpreted in subsequent cases, has given rise to many complicated issues. 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. The case is an example of strict liability, a concept which has generally fallen out of favour with the common law courts. 560, [1921] All E.R. References: [1921] 3 KB 560 Coram: Scrutton L.J Ratio: A wrongdoer was liable for all the direct consequences of his negligent act, even though those consequences could not reasonably have been anticipated. Due to leakage in those tins, some of their contents collected in the hold of the ship. While engaged on the service she was in Casablanca and i t became necessary to shift a large number of tins of petrol in the hold. C.A. THE RULE OF REASONABLE FORSEEABILITY. 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. Brief Fact Summary. 560, [1921] All E.R. The claimants were the owners of the Greek steamship Thrusyboiilos and the respondents, Furness Withy & Co., were time charterers. The case may now be considered "bad law", having been superseded by the landmark decisions of Donoghue v Stevenson and The Wagon Mound (No 1). Re Polemis and Furness, Withy & Co, Ltd All ER Rep 40 An authority on the 'direct consequences' test for causation, which has been superseded by the test of 'reasonable foreseeability' in negligence and nuisance, but which still remains the test for causation in intentional torts Furness Withy in re polemis and furness, withy & co Co. Ltd. etc are discusses in this video provides helpful tips and tricks to remember in... The case is an Arbitration case for damages from a tortious injury collected. 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