yrene Co Ltd v Scindia Navigation Co Ltd [1954] 2 QB 402, EWHC
Citation:Pyrene Co Ltd v Scindia Navigation Co Ltd [1954] 2 QB 402, EWHC
Rule of thumb:What happens if faulty goods are delivered to a buyer? It is up to both the carrier to provide evidence of the measures they took, following which the seller, then the owner, and for the Court to decide whose account is the most reliable about the damage being caused to the goods.
Judgment:
’I do not think that the terms of article III put the preliminary onus on the owner of the goods to give affirmative evidence that the carrier has been negligent. It is enough if the owner of the goods proves either that the goods have not been delivered, or have been delivered damaged. The carrier is a bailee and it is for him to show that he has taken reasonable care of the goods while they have been in his custody (which includes the custody of his servants or agents on his behalf) and to bring himself, if there be loss or damage, within the specified immunities. It is, I think, the general rule applicable in English law to the position of bailees that the bailee is bound to restore the subject of the bailment in the same condition as that in which he received it, and it is for him to explain or to offer valid excuse if he has not done so. It is for him to prove that reasonable care had been exercised.” Lord Devlin, at 435-436.
Ratio-decidendi:
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.