Commentary

16 Burden of proof

BAILMENT vol 3(1)
| Commentary

16 Burden of proof

| Commentary

16 Burden of proof

In the event of an established loss or injury affecting the goods while they are in the bailee’s possession, the bailee carries the burden of proving that the misadventure did not result from any failure by him or his delegates to attain the necessary standard of care of the goods1. A similar burden of proof appears to apply in regard to the deliberate acts of employees or independent contractors2, assuming that liability for such acts can attach to the bailee in principle3.

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