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Commentary

39.2 Burden of proof

BAILMENT vol 3(1)
| Commentary

39.2 Burden of proof

| Commentary

39.2 Burden of proof

The burden of proof in respect of all of the matters mentioned in Paragraph 39.1 [2685] above rests on the hirer who, once it is shown that some mishap has befallen the goods while in his possession, is liable unless he can show that it occurred independently of his or his employees’ failure to exercise proper custody and care1.

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