Commentary

21 Burden of proof

BAILMENT vol 3(1)
| Commentary

21 Burden of proof

| Commentary

21 Burden of proof

The burden of proof operates differently, according to whether the bailor sues for breach of the mandatary’s duty of care or for breach of the specific promise to perform the mandated act. In the first case, the burden rests on the mandatary to show that the loss or injury occurred independently of any lapse from the mandatary’s required standard of care; ie, either that the mandatary took the necessary care, or that his failure to do so was causally unconnected with the damage or loss1. In the second case, the burden is on the

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