FANKHAUSER v MARK DYKES PTY LTD

[1960] VR 376·LOWE (1), SHOLL (1) and MONAHAN (1), JJ
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[1960] VR 376
FANKHAUSER v MARK DYKES PTY LTD SUPREME COURT OF VICTORIA FULL COURT LOWE (1), SHOLL (1) and MONAHAN (1), JJ 27-28 April, 29 May 1959
[1960] VR 376
Appeal — Bailment — Contract for cool storage of peas — Damages for deterioration in peas — Negligence — Onus of proof — Comparison with onus in res ipsa loquitur cases — Onus of proof of negligence in contracts for work and labour collateral to bailments. . In a claim based on a breach of contract for cool storage of goods, the onus is on the plaintiff bailor both to prove the contract and the difference in condition of the goods between the time the defendant bailee received them and the time he redelivered them to the bailor. Once the damage is so proved, the onus is on the defendant to prove on the balance of probabilities that the damage to the goods was not due to any failure on his part to take due and proper precautions for their safe and proper custody.

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[1960] VR 376

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