The “RUAPEHU” (1925) 21 Ll L Rep 310
Citation:The “RUAPEHU” (1925) 21 Ll L Rep 310
Rule of thumb:What happens if goods are damaged in transit & the carrier is accused? A carrier must show that they exercised reasonable skill and care in the strapping the goods to prevent them from becoming damaged on route. If the carrier can show that all reasonable industry standards were followed to protect the goods then the presumption is that any damage caused was not their fault.
Judgment:
‘If this were a pure bailment, a delivery of a chattel to a bailee entrusted with the chattel to execute repairs on it and then redeliver it to the owner, I apprehend that the bailee would be under the obligation to exercise reasonable care and skill in preserving the safety of the chattel. If he failed to deliver the chattel at all the onus would be upon him to show that the non-delivery was not due to absence of care and skill on his part. … Moreover, if he redelivered the chattel in a damaged condition …, the onus is on the bailee to show that the damage was not due to the absence of reasonable care and skill on his part. … This he may do by showing that he took all reasonable precautions, but if he has to admit or is convicted of some act of negligence then the rule necessarily requires him to show that the loss was not caused by that act of negligence’, Atkin LJ at 315
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.