Sunday, August 07, 2005

test of reasonable foreseeability

Imagine this, can u sue someone who caused you serious damages or injuries but these damages or injuries are not reasonably foreseeable by the wrongdoer? Yes, if this happened after the year 1921 but no, if this happened after the year 1961. This principle of remoteness of damage in the law of negligence began in the year 1921 with the case known as 'Polemis and Furness Withy & Co' or better known by the name 'Re Polemis'. The principle of law derived from Re Polemis was later overrulled in the year 1961 when the privy council decided in the case of 'Overseas Tankship (UK) Ltd v Mort's Dock and Engineering Co. Ltd'.

What the s**t am i writing about? He he, this is an example of what i dubb as the bloody sunday syndrome.


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