Re Polemis
Encyclopedia
Re Polemis & Furniss, Withy & Co Ltd [1921] 3 KB 560 is a famous United Kingdom
tort
case on causation
and remoteness
. The Court of Appeal held that a defendant
can be held liable for all consequences flowing from the wrongful conduct regardless of how unforeseeable.
into a ship
. Due to an employee's negligence
, a plank
fell into the hold of the ship. The plank caused a spark
, which ignited some benzene
stored in the hold, causing an explosion
that sunk the ship.
itself may not have been foreseeable, it was held that the defendant would nevertheless be liable for all direct consequences of his actions.
in Overseas Tankship (U.K.) Ltd. v. Morts Dock and Engineering Co. Ltd.
[1961] 1 All E.R. 404 (P.C.).
The method of determining negligence is whether the defendant could have foreseen harm through his/her actions. In this case, it is clear that it was negligent to discharge cargo to knock down the planks for they might cause some damage to the workmen, cargo, or the ship. Once the defendant acts in negligence, he/she must take responsibility for all damages that the negligent act incurs. The key difference is that foreseeability is related to whether it was foreseeable to incur harm through your action, not whether there was foreseeability in what type of harm you incur.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
case on causation
Causation
Causation may refer to:* Causation , a key component to establish liability in both criminal and civil law* Causation in English law defines the requirement for liability in negligence...
and remoteness
Remoteness
Remoteness in English law is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong.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...
. The Court of Appeal held that a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
can be held liable for all consequences flowing from the wrongful conduct regardless of how unforeseeable.
Facts
The defendant's employees were loading cargoCargo
Cargo is goods or produce transported, generally for commercial gain, by ship, aircraft, train, van or truck. In modern times, containers are used in most intermodal long-haul cargo transport.-Marine:...
into a ship
Ship
Since the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
. Due to an employee's negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
, a plank
Plank
Plank may refer to:*Plank *Plank , an isometric exercise for the abdominal muscles*The Plank , a British comedy film with no dialogue*The Plank , a remake of the 1967 film...
fell into the hold of the ship. The plank caused a spark
Ember
Embers are the glowing, hot coals made of greatly heated wood, coal, or other carbon-based material that remain after, or sometimes precede a fire. Embers can glow very hot, sometimes as hot as the fire which created them...
, which ignited some benzene
Benzene
Benzene is an organic chemical compound. It is composed of 6 carbon atoms in a ring, with 1 hydrogen atom attached to each carbon atom, with the molecular formula C6H6....
stored in the hold, causing an explosion
Explosion
An explosion is a rapid increase in volume and release of energy in an extreme manner, usually with the generation of high temperatures and the release of gases. An explosion creates a shock wave. If the shock wave is a supersonic detonation, then the source of the blast is called a "high explosive"...
that sunk the ship.
Judgment
The Court held that the defendant was liable. Although the fireFire
Fire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
itself may not have been foreseeable, it was held that the defendant would nevertheless be liable for all direct consequences of his actions.
Significance
This decision was disapproved of, and its test replaced, in the later decision of the Privy CouncilPrivy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in Overseas Tankship (U.K.) Ltd. v. Morts Dock and Engineering Co. Ltd.
Overseas Tankship (U.K.) Ltd. v. Morts Dock and Engineering Co. Ltd.
Overseas Tankship Ltd v Morts Dock and Engineering Co Ltd or "Wagon Mound " [1961] is a landmark tort law case, which imposed a remoteness rule for causation in negligence. The Privy Council held that a party can only be held liable for damage that was reasonably foreseeable...
[1961] 1 All E.R. 404 (P.C.).
The method of determining negligence is whether the defendant could have foreseen harm through his/her actions. In this case, it is clear that it was negligent to discharge cargo to knock down the planks for they might cause some damage to the workmen, cargo, or the ship. Once the defendant acts in negligence, he/she must take responsibility for all damages that the negligent act incurs. The key difference is that foreseeability is related to whether it was foreseeable to incur harm through your action, not whether there was foreseeability in what type of harm you incur.