[The owners of the ship Thrasyvoulos sought to recover damages from the defendants who chartered the ship. Brief Fact Summary. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. Furness chartered the Polemis to carry a cargo of petrol and benzene. [1921]. 560, [1921] All E.R. For "Remoteness of vesting" see instead Rule against perpetuities.. 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 courts have developed tests in order to determine if the damage is too remote. Ocr. 3 K.B. the test of directness: The test of directness was considered more appropriate as compared to the test of reasonable foresight stated in the case of Re Polemis [3] . Re Polemis and Furness, Wilthy & Co. 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. The court of appeal found the test of reasonable foresight to be relevant whereas later the privy council upheld the test of directness. In re Polemis & Furness, Withy & Co Brief . 560. 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 . 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. It is summarized in [1921] 3 K. B. at p. 561, and clauses 3, 5, and the relevant portion of … While discharging at Casablanca, a heavy plank fell into the hold and caused an explosion, which eventually destroyed the ship. The Re Polemis decision was disapproved of, and its test replaced, in the later decision of the Privy Council in the Wagon Mound (No. Re Polemis has yet to be overruled by an English court and is still technically "good law". Citation[1921] 3 K.B. 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. This case, popularly referred to as the Re Polemis Case , was the landmark case on the test of directness. In re an Arbitration Between Polemis and Another and Furness, Withy & Co., Ltd. Court of Appeal, 1921. 2 Re Arbitration between Polemis and Another and Furness, Withy & Co., Ltd. [1921] 3 K. B. Remoteness test . 40. You may wish to consider whether these tests bring significantly different outcomes. 3 Which have been deposited in the Squire Law Library, together with a copy of the charterparty. 560. 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