Avis Rent A Car Ltd v Mainzeal Group Ltd - [1995] 3 NZLR 357

Bailment — Bailee's duty of care — Damage to rental car when being driven by bailee's employee — Whether bailee's employee took reasonable care — Plaintiff bailor raising doctrine of res ipsa loquitur — Whether burden of proof shifted from bailor to bailee.

Contract — Interpretation — Rental car agreement — Agreement in statutory form — Whether agreement imposed absolute liability on the hirer for damage to vehicle and consequential loss — Transport Services Licensing Act 1989, Third Schedule, Part III, cl 11.

Evidence — Burden of proof — Plaintiff raising doctrine of res ipsa loquitur — Whether burden of proof shifted from plaintiff to defendant.