LEGAL PRINCIPLE: MARITIME LAW – Bailment – Onus of Proof on Bailee to Disprove Negligence
PRINCIPLE STATEMENT
In bailment, the onus of proof is always on the bailee to show that the loss of or damage to the goods entrusted to him occurred without negligence or default on his part.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Broadline Enterprises Ltd. v. Monterey Maritime Corporation & Anor (1995) NLC-1661989(SC) at p. 24; Paras C–D.
"In bailment, therefore, the onus of proof is always on the bailee to show that the loss of or damage to the goods entrusted to him occurred without negligence or default on his part."
EXPLANATION / SCOPE
Once the bailor proves delivery and non-delivery or damage, the burden shifts to the bailee. The bailee must prove absence of negligence. The principle applies to all types of bailment. The bailee cannot simply deny liability. The rule is based on the bailee’s special knowledge. The bailee must provide a satisfactory explanation. The standard of proof is the balance of probabilities. The principle protects bailors who have no access to information about the goods. The bailee may be liable even without gross negligence.
