免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Tort Law
Court of Appeal
1921

Re Polemis & Furness, Withy & Co Ltd

[1921] 3 KB 560

判决理由

Once some damage was foreseeable from the defendant's negligent act, the defendant was liable for all direct consequences, however unforeseeable. This is the 'directness' test of remoteness.

事实

Stevedores negligently dropped a plank into the hold of a ship. The plank caused a spark which ignited petrol vapour, destroying the ship. It was foreseeable that dropping the plank might cause some damage, but not fire.

判决摘要

The Court of Appeal held that the charterers were liable for the fire damage. Once some damage (e.g., denting) was foreseeable, they were liable for all direct consequences, regardless of whether the specific type of damage (fire) was foreseeable.

关键引述

"Once the act is negligent, the fact that its exact operation was not foreseen is immaterial."

Bankes LJ

后续处理

Overruled

Overruled by The Wagon Mound (No 1) [1961], which replaced the directness test with the reasonable foreseeability test for remoteness.