Torts Keyed to Prosser
In re Arbitration Between Polemis and Furness, Withy & Co., Ltd
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
The owners of a vessel chartered its use to the Appellants for the purposes of carrying, among other things, petrol to Casablanca. While unloading the cargo in Casablanca, a wooden plank fell into the hold containing the petrol and caused an explosion. The fire completely destroyed the vessel. The owners, charging the chatterers with negligence, claimed the value of the vessel from the charterers. The charterers responded that the fire was a remote consequence of their actions, so they are not responsible. The case was referred to arbitration and the arbitrators found that the fire was caused when the wooden plank hit metal and caused a spark. The arbitrators agreed with the charterers that the spark was an unforeseen consequence of the original negligence and therefore the destruction of the vessel was a remote consequence. The only damage the charterers should be liable for is the approximate damage done to the vessel by the falling wooden plank, not the damage done by the f ire. The owners sought review.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.