Re Polemis has yet to be overruled by an English court and is still technically "good law". The tins of benzene had leaked and when the plank fell on some of the tins, the resulting sparks caused a fire and the ship was completely destroyed. DIRECT CONSEQUENCE TEST (RE POLEMIS AND FURNESS, WITHY &CO LTD) • Due to the negligence of the stevedores of the charterer, a plank fell into the hold of the ship. The direct consequence test was overruled in the Wagon Mound no 1 and replaced with a new test for deciding if damages are too remote: The Wagon Mound no 1 [1961] AC 388 Case summary . Re Polemis and Furness, Wilthy & Co. The Courts of Appeal held the test of reasonable foresight to be the relevant test whereas later the Privy Council upheld the test of directness. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. 560. 1961 RE POLEMIS But there the test is different from that which applies in determining what the actor should have reasonably foreseen as the potentialities of his act which is thus held to be negligent and blameworthy. The falling of the blank was due to Defendant’s negligence. It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … Further under this test, if one could foresee the damages, one is held liable for all the direct consequences. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. This case, popularly referred to as the Re Polemis Case , was the landmark case on the test of directness. Brief Fact Summary. 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 not too remote. 1) [1961]. Remoteness test . Re Polemis Case (1921) This case was a landmark judgement in the test of directness. [1921]. 560, [1921] All E.R. The court of appeal found the test of reasonable foresight to be relevant whereas later the privy council upheld the test of directness. The courts have developed tests in order to determine if the damage is too remote. Citation[1921] 3 K.B. Furness chartered the Polemis to carry a cargo of petrol and benzene. In re Polemis & Furness, Withy & Co Brief . 3 K.B. While discharging at Casablanca, a heavy plank fell into the hold and caused an explosion, which eventually destroyed the ship. Re Polemis and Furness, Withy & Co [1921] 3 KB 560 Facts: The plaintiffs chartered a ship and due to bad weather the cargo had leaked, releasing some gas below the deck. 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