Copland v. Brogan [1915] ScotLR 220 (15 December 1915)

Copland v. Brogan [1915] ScotLR 220 (15 December 1915)

Where a gratuitous mandatory admits receipt of property for delivery and the property is lost while in his custody, the onus is on the mandatory to show that he exercised reasonable care. Failure to provide a satisfactory explanation or evidence of such care renders the mandatory liable for the loss.

Citation
[1915] ScotLR 220
Parties
Pursuer: Primrose Caldwell Copland; Defender: James Brogan
Jurisdiction
Scotland
Judgment Date
15 December 1915
Procedural Posture
Reparation (civil Liability for Loss of Property) / Appeal to Court of Session Inner House, Second Division
Outcome
Appeal sustained; decree granted against defender for the sum claimed with interest.
Legal Topics
Negligence, Mandate, Gratuitous Mandate, Onus of Proof, Reasonable Care
Civil Law Delict Contract Negligence Mandate Gratuitous Mandate Onus of Proof Reasonable Care

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Parties

Primrose Caldwell Copland

Pursuer

James Brogan

Defender

Procedural Posture

Reparation (civil Liability for Loss of Property) / Appeal to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether a gratuitous mandatory is liable for loss of property entrusted to him when the cause of loss is unexplained
  2. 2 Whether the onus of proof of reasonable care lies on the mandatory in such circumstances

Ratio Decidendi

Where a gratuitous mandatory admits receipt of property for delivery and the property is lost while in his custody, the onus is on the mandatory to show that he exercised reasonable care. Failure to provide a satisfactory explanation or evidence of such care renders the mandatory liable for the loss.

Court Disposition

Appeal sustained; decree granted against defender for the sum claimed with interest.

Orders

  • Recal the interlocutor of the Sheriff dated 26th March 1915.
  • Find in fact in terms of the findings in the interlocutor of the Sheriff-Substitute dated 10th November 1914.