LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Sufficiency of Pleading Negligence in Bailment
PRINCIPLE STATEMENT
A plaintiff fully pleads bailment and negligence when the statement of claim contains facts constituting bailment and expressly pleads bailment, including the bailee's duty of care and breach.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Broadline Enterprises Ltd. v. Monterey Maritime Corporation & Anor (1995) NLC-1661989(SC) at pp. 13–14; Paras A–C.
"A careful study of the averments of facts in paragraphs 4, 8, 9, 10, 12 and 14 of the amended Statement of Claim leaves one in no doubt whatever that the appellant, not only fully pleaded facts which constitute bailment, but went further to plead bailment expressly, particularly in paragraphs 12 and 14 thereof."
EXPLANATION / SCOPE
A claim in bailment requires pleading the delivery of goods, the bailee’s acceptance, the duty of care, and breach. Express pleading of “bailment” is helpful but not essential if facts are pleaded. The principle applies to all claims based on bailment. The court will examine the totality of the pleadings. The defendant must be put on notice of the claim. The rule promotes clarity in pleading. The plaintiff must also plead the loss or damage. The sufficiency of pleadings is a question of substance, not form. The appellate court will not strike out a claim for technical defects if the substance is clear.