In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. You have successfully signed up to receive the Casebriefs newsletter. No. Casebriefs is concerned with your security, please complete the following, Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, Bartlett v. New Mexico Welding Supply, Inc, Michie v. Great Lakes Steel Division, Nat'l Steel Corp. Overseas Tankship, (UK.) Typically, cases will go to arbitration based on a prior contractual agreement between the two parties. Please check your email and confirm your registration. Facts. 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. 560 is a famous United Kingdom tort case on causation and remoteness. 560 (C.A. 40 Claim by owners against charterers in respect of destruction of ship This was a dispute between the charterers and owners of a ship which was This produced a spark in the hold which exploded the flammable vapor from the cargo, setting the ship on fire and destroying it. 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. The Court of Appeal held that a defendant can be held liable for all consequences flowing from the wrongful conduct regardless of how unforeseeable. Issue. Your Study Buddy will automatically renew until cancelled. 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. A link to your Casebriefs⢠LSAT Prep Course Workbook will begin to download upon confirmation of your email IN RE AN ARBITRATION BETWEEN POLEMIS AND FURNESS, WITHY & CO., LTD. In this case, the fire was a direct result of the negligent act and therefore the charterers are liable for the fire. In this case, charterers employed stevedores to unload a ship. In re Arbitration between Polemis and Furness, With, and Co., Ltd. (Direct Cause Rule) it matters not that the damages was unforeseen as long as it is traceable back to the act and no intervening causes occurred-foreseeability rule would limit liability to those damages reasonably foreseeable from the act. 154; 37 T.L.R. Prosser, pp. Ltd. v. Morts Dock & Engineering Co., Ltd.Privy Council 1961, A.C. 388 (1961) Duty Of Care Owners And Occupiers Of Land Wrongful Death And Survival Strict Liability Thank you and the best of luck to you on your LSAT exam. 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 Casebriefsâ¢. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. videos, thousands of real exam questions, and much more. No. (Bankes, L.J.) While discharging cargo from a ship, a wooden plank fell causing a spark to ignite the petrol the ship carried. Definition of Polemis V. Fur-ness, Withy, Re ([1921] 3 K. . 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. 3 K.B. Re POLEMIS Re POLEMIS Wright, 1951-10-01 00:00:00 Volume 14 October 1951 No. 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. Co.,69 N.W. 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. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. While engaged on the service she was in Casablanca ⦠How did this case get to arbitration? (Scrutton, L.J.) Brief Fact Summary. Polemis and Boyazides are ship owners who chartered a ship to Furness. The claimants were the owners of the Greek steamship Thrusyboiilos and the respondents, Furness Withy & Co., were time charterers. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. That damage that might result when a wooden plank falls while discharging cargo is a foreseeable consequence of the negligence, whatever that damage might be. Vandall 4th Torts Register to get FREE access to 13,000+ casebriefs Register Now 560; 90 L.J.K.B. 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 fire was a foreseeable consequence of the negligence. address. Strict liability-Wikipedia. THE RULE OF REASONABLE FORSEEABILITY. The unexpectedness of the spark and resulting explosion is irrelevant to the issue of negligence. ), [hereinafter cited as Re Polemis]. 40. Co. A heavy plank fell into the hold, created a spark, and caused an explosion which destroyed the vessel. Employees of the defendant had been loading cargo into the underhold of a ship when they negligently dropped a large plank of wood. Discussion. A link to your Casebriefs⢠LSAT Prep Course Workbook will begin to download upon confirmation of your email 398; [1921] All E.R.Rep. You also agree to abide by our. 940; 27 Com.Cas. Your Study Buddy will automatically renew until cancelled. Your Study Buddy will automatically renew until cancelled. 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. address. When a negligent act directly causes damage, the fact that the kind of damage caused was unexpected is irrelevant, since there is no independent cause which intervenes between the damage and the act. Attorneys Wanted. Tag: Re Polemis and Furness Withy & Co. Posted on March 24, 2016 Written By Olanrewaju Olamide. Hughes v. Lord Advocate (1963) AC 837 130 32. Polemis sued the defendants for the damages. Torts ⢠Add Comment-8â³?> faultCode 403 faultString Incorrect username or password. 2. Issue. 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. Held. [The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. 560. 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. THE CAMBRIDGE LAW JOURNAL This Polemis Business IN ARBITRATION. In Re An Arbitration between Polemis and Furness, Withy & Co. (1921) All ER Rep. 40 124 30. We are looking to hire attorneys to help contribute legal content to our site. Brief Fact Summary. This being so, the fact remains that some damage is anticipated, and the damage which occurred not being the exact kind reasonably expected is not material. BETWEEN C. A. POLEMIS and L. BOYAZIDES (Owners of the s.s. 'THRASYVOULOS') and FURNESS WITHY ⦠Get In re Arbitration Between: Trans Chemical Limited & China National Machinery Import & Export Corporation, 978 F. Supp. As a pre-law student you are automatically registered for the Casebriefs⢠LSAT Prep Course. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd. Court of Appeal, 3 K.B. Held. Synopsis of Rule of Law. A panel of arbitrators found in favor of Polemis, holding that the defendants' negligence caused the accident, and that although the explosion was not foreseeable, some damage was. We are looking to hire attorneys to help contribute legal content to our site. Written and curated by real 1353; 126 L.T. 1", Overseas Tankship Ltd. V. Miller Steamship Co. "Wagon Mound No. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. [1921]. In short, the remoteness of damage (foreseeability) in English and Australian tort law through the removal of strict liability in tort on proximate cause. Overseas Tankship [UK] Ltd. v. Morts Dock & Engineering Co. [The Wagon Mound] (1961) 1 All ER 404 126 31. This was the initial view of the courts regarding actual causation. 266 (1997), United States District Court for the Southern District of Texas, case facts, key issues, and holdings and reasonings online today. Please check your email and confirm your registration. 28 âââ Page No. RE AN ARBITRATION between POLEMIS and FURNESS, WITHY & co. Court of Appeal [1921] 3 K.B. If you are interested, please contact us at [email protected] The extent of liability where the injuries resultant from tortious negligence are entirely unforeseeable. videos, thousands of real exam questions, and much more. 3 K.B. -In almost all cases, courts treat the proximate cause as a question of fact for the jury. In re Polemis & Furness, Withy & Co.. Facts: A ship carrying a cargo of petrol was set fire and destroyed. 295-296 Facts: The plaintiffsâ boat was destroyed and ⦠560 (1921) Overseas Tankship, (UK.) The arbitors were correct. In re Arbitration between Polemis and Furness, Withy & Co., LtdCt. This was to be settled by an arbitrator, but Furness claimed that the damages were too remote and this issue was appealed. Sentences for Re Polemis & Furness, Withy & Co Ltd. As a pre-law student you are automatically registered for the Casebriefs⢠LSAT Prep Course. 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. 640 (1896). "In Re an Arbitration between Polemis and Furness, Withy & Co., Ltd. ", 3 K.B. An Overview of the Rule of Reasonable Forseeability. The rule is wooden. 560, [1921] All E.R. Thank you and the best of luck to you on your LSAT exam. Discussion. [1921]. Direct causation â In re Arbitration Between Polemis and Furness, Withy & Co. Ltd. This is a minority rule in the U.S. In re Arbitration between Polemis and Furness Case Brief. Were the costs expected to be recovered due to damage non-recoverable due to the effect being too remote from the cause? Unknown to the stevedores, there was a leakage of petrol in the hold of the ship and thus there was inflammable vapour. The ship Polemis was being unloaded of its cargo of petrol and benzine when a plank was negligently dropped by a servant of Furness. 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 Casebriefsâ¢. Whether the charterer’s negligence was a proximate cause of the fire. In re Arbitration Between Polemis and Furness, Withy & Co., Ltd, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. If reasonably foreseen that an act may cause harm, tortfeasor is liable for damages, regardless of whether type and extent of damages are reasonably foreseeable. The arbitrators agreed with the charterers that the spark was an unforeseen consequence of the original negligence and therefore the destruction of the vessel was a remote consequence. 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). In the present case, the act of knocking down the planks is clearly negligent, since some damage could be expected to happen from the act. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Re Polemis and Furness, Withy & Co Ltd [1921] 3 KB 560. 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. Dropped in re arbitration between polemis and furness large plank of wood damages are out of proportion to the effect being too remote from the who! Use trial Polemis and Boyazides are ship owners who chartered a ship when they negligently dropped a large of. Plank of wood Bourhill v. Definition of Polemis v. 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