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The rule laid down in Re Polemis case is that the defendant shall be liable for all

  • A.direct consequences of his act.
  • B.direct consequences of his act, if he could foresee some damage to the plaintiff from his act.
  • C.direct consequences of his act, only if he could foresee the kind of damage which has actually occurred.
  • D.foreseeable damage.

Answer: B

The rule in Re Polemis makes the defendant liable for all direct consequences, if he could foresee some damage.

In Re Polemis a plank dropped into the hold caused a spark and a fire. The Court of Appeal held that the defendant was liable for all the direct consequences of his act, though the fire could not be foreseen, since some damage to the ship could be foreseen.

The foresight of the kind of damage that actually happened is the test of the later Wagon Mound case, and not that of Re Polemis.

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