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| Ratio Decidendi & Case Authority |
Full Case Details
Facts
- the defendants chartered a ship. The cargo to be carried by them included a quantity of Benzene and/or Petrol in tins.
- Due to leakage in those tins, some of their contents collected in the hold of the ship. Owing to the negligence of the defendants’ servants, a plank fell into the hold, a spark was caused and consequently the ship was totally destroyed by fire.
- The owners of the ship were held entitled to recover the loss—nearly Pounds 200,000, being the direct consequence of the wrongful act although such a loss could not have been reasonably foreseen.
Principles
REMOTENESS OF DAMAGES
The test of directness
- It was negligent in discharging cargo to knock down the planks of the temporary staging, for they might easily cause some damage either to the workmen or cargo or the ship.
- The fact that they did directly produce an unexpected result, a spark in an atmosphere of petrol vapor which cause a fire, does not relieve the person who was negligent from the damage which his negligent act directly caused.
- The Wagon Mound case – It is governing authority not “Re Polemis”
