Commentary

32.3 Burden of proof

BAILMENT vol 3(1)
| Commentary

32.3 Burden of proof

| Commentary

32.3 Burden of proof

The burden rests on the bailor to show that the goods came into the possession of the bailee in circumstances giving rise to a bailment1, and that the goods were lost, stolen, destroyed or damaged while in the bailee’s possession2. Once that is shown, the bailee must show either that the proper degree of care was taken, or that any failure to take such care was unconnected with the injury3.

The latter defence is difficult to establish, and is likely to succeed only if the bailee shows that his lapse

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial