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Re Polemis
'' In Re'' ''Polemis & Furness, Withy & Co Ltd'' (1921) is an English tort case on causation and remoteness in the law of negligence. The Court of Appeal held that a defendant can be deemed liable for all consequences flowing from his negligent conduct regardless of how unforeseeable such consequences are. The case is an example of strict liability, a concept which has generally fallen out of favour with the common law courts. The case may now be considered "bad law", having been superseded by the landmark decisions of ''Donoghue v Stevenson'' and '' The Wagon Mound (No 1)''. Facts The defendant stevedore's employees were loading cargo into a ship. An employee negligently caused a plank to fall into the ship's hold. The plank caused a spark, which ignited some petrol vapour in the hold, causing an explosion that resulted in the ship becoming a total loss. The matter was taken to arbitration. Judgment The arbitrator found that the defendant's negligence caused the plan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |