Houghland v R R Low (Luxury Coaches) Ltd
1962 · [1962] 1 QB 694
Posted By lanbuk.com
- Facts
- A suitcase was loaded into a locked coach boot at Southampton. The coach broke down and stood unattended. Passengers moved the luggage, unsupervised, onto a relief coach. The suitcase was missing at the destination. The trial judge treated the as gratuitous.
- Issue
- Is a gratuitous liable only for gross , and who must prove fault when bailed goods disappear?
- Held
- The coach company was liable. The Court of Appeal refused to require gross negligence. Proof that the suitcase was delivered and not returned made a case. The company did not prove what happened, or that it happened without fault.
- Principle
- The standard of care is the standard the circumstances of the particular bailment demand. It does not turn on a rigid line between gratuitous bailments and bailments for reward. The bailee bears the burden of disproving negligence.
- Why it matters
- It is the modern starting point on both the standard of care and the . Sutcliffe v Chief Constable of West Yorkshire follows it. Older dicta, including Lord Diplock in The Winson, still speak of a lower standard for a gratuitous bailee.
Words and Latin in this note
- Burden of proof
- The duty on one side of a case to prove the facts it relies on. If that side fails, it loses on that point. In a criminal trial it stays with the prosecution, except for insanity and a statutory exception. Open the note.
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
- Bailment
- A transaction in which a bailee lawfully receives possession of the bailor's goods for a purpose. Ownership stays with the bailor. It is its own source of duties, and it does not require a contract. Open the note.
- Bailee
- The person who lawfully receives possession of goods from the bailor for some purpose, and must take care of them and return the same goods. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.