Which English Court of Appeal decision is the leading historical authority for the direct-consequence…
In Re Polemis and Furness, Withy & Co., [1921] 3 KB 560, a negligently dropped plank caused a spark and a fire aboard a ship. The English Court of Appeal held that the…
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Which English Court of Appeal decision is the leading historical authority for the direct-consequence test of remoteness in negligence?
Answer and explanation
Correct answer C
In Re Polemis and Furness, Withy & Co., [1921] 3 KB 560, a negligently dropped plank caused a spark and a fire aboard a ship. The English Court of Appeal held that the direct consequences of the negligent act were recoverable even though fire was not foreseeable. The Privy Council later rejected that approach in The Wagon Mound (No. 1), [1961] AC 388, applying reasonable foreseeability of the kind of harm.
Option feedback
Option A
Incorrect. Smith v. London and South Western Railway Co., (1870) LR 6 CP 14, was an earlier fire case. Re Polemis became the leading historical authority for the direct-consequence test.
Option B
Incorrect. The Wagon Mound (No. 2), [1967] 1 AC 617, assessed whether the risk of fire was reasonably foreseeable. It was a different decision from The Wagon Mound (No. 1).
Option C
Correct. Re Polemis and Furness, Withy & Co., [1921] 3 KB 560, treated direct consequences of a negligent act as recoverable even when the kind of damage was unforeseeable.
Option D
Incorrect. This is The Wagon Mound (No. 1), [1961] AC 388, in which the Privy Council rejected the direct-consequence approach in favour of reasonable foreseeability.
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