When the plank landed, it created a spark that caused an explosion and subsequent fire, destroying the ship. 640 (1896). 560, [1921] All E.R. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). It is enough that damage occurred, and the damage which occurred can be traced back in direct fashion to the negligent act, without any intervening or contributory independent causes being connected with it. Even if the spark was not a reasonably anticipated consequence of the dropping of the plank, the act itself was negligent. No. Please check your email and confirm your registration. Co. Discussion. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. 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. The rule is wooden. address. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of how unforeseeable. Direct causation – In re Arbitration Between Polemis and Furness, Withy & Co. Ltd. 560 (C.A. This is a minority rule in the U.S. Issue. Ps sued D in negligence for the cost of the vessel. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. (Bankes, L.J.) Ltd. v. Morts Dock & Engineering Co., Ltd. Sentences for Re Polemis & Furness, Withy & Co Ltd. In this case, the rule is on the lines of Christianson v. Chicago, St. P., M.G.O.Ry. The decision is considered to be absurd by Prosser, among others, since the damages are out of proportion to the negligence involved. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. You also agree to abide by our. 560 is a famous United Kingdom tort case on causation and remoteness. 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. 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. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk 25; 15 Asp.M.L.C. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. The only reason is that X is the nearest cause to Z and so is the ground for liability. The case was referred to arbitration and the arbitrators found that the fire was caused when the wooden plank hit metal and caused a spark. (Scrutton, L.J.) 560. Held. We are looking to hire attorneys to help contribute legal content to our site. Please check your email and confirm your registration. Co.,69 N.W. Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. 398; [1921] All E.R.Rep. In Re An Arbitration between Polemis and Furness, Withy & Co. (1921) All ER Rep. 40 124 30. In this case, the fire was a direct result of the negligent act and therefore the charterers are liable for the fire. Facts. Issue. videos, thousands of real exam questions, and much more. Unknown to the stevedores, there was a leakage of petrol in the hold of the ship and thus there was inflammable vapour. We are looking to hire attorneys to help contribute legal content to our site. 3 See Hay or Bourhill v. 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. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. Polemis and Boyazides are ship owners who chartered a ship to Furness. The finding that the spark was too remote to confer liability on the charterers was based on the contention of the charterers that the fire was an unforeseen consequence of the falling wooden plank. 4 I HAVE felt a personal interest in this case for the last thirty years, since I argued it unsuccessfully before a Court of Appeal of great eminence which wisely rejected the contentions I advanced with the support of my then junior counsel (now Lord Porter). "In Re an Arbitration between Polemis and Furness, Withy & Co., Ltd. ", 3 K.B. In Re an Arbitration between Polemis and Furness, Withy & Co. (1921) 3 KB 560 : (1921) All ER Rep. 40 Sl. 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