Re Polemis [1921] 3 KB 560

Facts

• The case involved a dispute under a charterparty concerning liability for damage to a ship during loading operations.
• Defendants, responsible for loading cargo, negligently dropped a plank into the ship's hold.
• The falling plank caused a spark that ignited petrol vapors present in the hold, resulting in a fire and extensive damage to the vessel.
• Although the specific sequence of events leading to the fire was unforeseeable, the damage was causally linked to the negligent act.

Issues

1. Whether liability in negligence should attach to all direct consequences of a wrongful act, even if those consequences were unforeseeable.
2. Whether the emphasis in determining liability should be on the directness of the causal chain or on the foreseeability of the specific harm caused.
3. Whether the "direct consequences" test provides a suitable framework for assessing remoteness of damage in tort law.

Decision

• The Court of Appeal held that a defendant is liable for all damage that is a direct consequence of their wrongful act, irrespective of foreseeability.
• The court found that the fire was a direct result of the negligent dropping of the plank, and therefore the defendants were liable for the resulting damage.
• Foreseeability of the specific chain of events was deemed irrelevant as long as the causal connection remained direct and unbroken.

Legal Principles

• The "direct consequences" test was established, making a defendant liable for all damage directly caused by their wrongful act, regardless of the foreseeability of that damage.
• Causation in negligence is determined by the directness of the link between the act and the resulting harm, not by whether the harm was reasonably foreseeable.
• The approach contrasts with the later "reasonable foreseeability" test, which limits liability to those consequences that could reasonably have been anticipated.
• The rigidity of the "direct consequences" rule faced criticism for potentially imposing disproportionate liability and for creating uncertainty in the assessment of remoteness.

Conclusion

Re Polemis [1921] 3 KB 560 marked a key development in tort law by endorsing the "direct consequences" test for causation in negligence. While this approach held defendants strictly liable for directly caused harm, its lack of regard for foreseeability ultimately led to its replacement by the "reasonable foreseeability" standard in later case law. The case remains significant for its role in shaping modern discussions on causation, remoteness, and fairness in liability.