Proximate Cause
-Proximate cause doctrines reflect the idea that the defendant’s conduct and the Pl.’s harm must have a connection that is reasonably close in order to justify imposing liability on the Def.
-In almost all cases, courts treat the proximate cause as a question of fact for the jury.
IN RE AN ARBITRATION BETWEEN POLEMIS AND FURNESS, WITHY & CO., LTD.
FACTS
•A cargo ship was destroyed by a fire due to leakage of gasses into the hold (vapor) being ignited by a falling board.
•Owners contended the charterers were liable for the loss of the ship-fire caused by negligence.
APPLICATION
[Bankes L.J.] Given the breach of duty which constitutes the negligence, and given the damages as a direct result of that negligence, the anticipation of the person whose negligent act has produced the damage appear to me to be irrelevant. I consider that the damages claimed are not too remote.
[Scrutton, L.J.]Once the act is negligent, the fact that its exact operation was not foreseen is immaterial...IN the present case it was negligent.
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-Proximate cause doctrines reflect the idea that the defendant’s conduct and the Pl.’s harm must have a connection that is reasonably close in order to justify imposing liability on the Def.
-In almost all cases, courts treat the proximate cause as a question of fact for the jury.
IN RE AN ARBITRATION BETWEEN POLEMIS AND FURNESS, WITHY & CO., LTD.
FACTS
•A cargo ship was destroyed by a fire due to leakage of gasses into the hold (vapor) being ignited by a falling board.
•Owners contended the charterers were liable for the loss of the ship-fire caused by negligence.
APPLICATION
[Bankes L.J.] Given the breach of duty which constitutes the negligence, and given the damages as a direct result of that negligence, the anticipation of the person whose negligent act has produced the damage appear to me to be irrelevant. I consider that the damages claimed are not too remote.
[Scrutton, L.J.]Once the act is negligent, the fact that its exact operation was not foreseen is immaterial...IN the present case it was negligent.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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