A cargo vessel unloads steel drums containing industrial solvents at a harbor in Thilafushi. Due to the stevedoring company's negligence, a small quantity of solvent spills onto the wooden wharf. While cleaning operations are underway, a welder working on an adjacent barge 50 meters away drops molten slag, which lands on cotton waste soaked in the solvent, igniting a massive fire that destroys a warehouse. The court finds that while fouling of the wharf was foreseeable, combustion of the solvent on water was not reasonably foreseeable to a reasonable person. Under the Wagon Mound rule applied in the Maldives, can the warehouse owner recover for fire damage?
- ANo, because the kind or type of harm (fire damage) was not reasonably foreseeable at the…
- BYes, because under the direct consequence rule of Re Polemis, all direct physical results…
- CYes, because industrial chemical spills are subject to absolute strict liability regardle…
- DNo, because cargo handlers owe a duty of care only to vessel owners and never to adjacent…