Sinclair v Juner [1951] ScotCS CSIH_5 (23 November 1951)

Sinclair v Juner [1951] ScotCS CSIH_5 (23 November 1951)

The contract for repair included an onerous contract of custody (locatio custodiae), making the first defender an onerous depositary. The onus was on the first defender to show the fire was accidental and not due to his fault. He failed to provide sufficient evidence about the cause or circumstances of the fire to discharge this onus. Therefore, he is liable for the loss of the pursuer's car.

Citation
[1951] ScotCS CSIH_5
Parties
Pursuer: Sinclair; First Defender: Juner; Second Defender: Second defender
Jurisdiction
Scotland
Judgment Date
23 November 1951
Procedural Posture
Delict (scots Law) / Contract / Appeal (reclaiming Motion) Before the First Division, Court of Session
Outcome
Appeal allowed; interlocutor recalled; decree for pursuer for £100 in damages against first defender.
Legal Topics
Locatio Operis Faciendi, Locatio Custodiae, Onus of Proof, Damnum Fatale, Custody and Care of Property, Accidental Fire, Edict Nautae Caupones Stabularii
Contract Law Delict (tort) Property Law Locatio Operis Faciendi Locatio Custodiae Onus of Proof Damnum Fatale Custody and Care of Property +2 more

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Parties

Sinclair

Pursuer

Juner

First Defender

Second defender

Second Defender

Procedural Posture

Delict (scots Law) / Contract / Appeal (reclaiming Motion) Before the First Division, Court of Session

Legal Issues

  1. 1 Whether a contract for repair of a car includes an onerous contract of custody (locatio custodiae)
  2. 2 Whether the garage proprietor is liable for loss of the car by fire while in his custody
  3. 3 Whether the onus of proof shifts to the defender to show the fire was accidental and not due to his fault

Ratio Decidendi

The contract for repair included an onerous contract of custody (locatio custodiae), making the first defender an onerous depositary. The onus was on the first defender to show the fire was accidental and not due to his fault. He failed to provide sufficient evidence about the cause or circumstances of the fire to discharge this onus. Therefore, he is liable for the loss of the pursuer's car.

Court Disposition

Appeal allowed; interlocutor recalled; decree for pursuer for £100 in damages against first defender.

Orders

  • Recall the interlocutor assoilzieing the first defender.
  • Sustain the second plea in law for the pursuer.