Tuesday, October 25, 2011

IN RE AN ARBITRATION BETWEEN POLEMIS AND FURNESS, WITHY & CO., LTD. case brief

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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