Commentary

35.2 Burden of proof

BAILMENT vol 3(1)
| Commentary

35.2 Burden of proof

| Commentary

35.2 Burden of proof

In the event of loss of or damage to the goods during the period of possession (which facts must be proved by the bailor)1 the bailee must show that reasonable care was taken or that its absence was irrelevant to the occurrence of such loss or damage2. However, the burden of proving the breach of some other instruction undertaken by the bailee (such as the manner of the work or the type of materials used) rests on the bailor3. As a general rule, the bailee’s burden of proof extends only to

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