BECKLEY v. SIERRA LEONE BREWERY LIMITED (Civil Case No. 389/70)) [1972] SLHC 1273 (21 January 1972);
Where, in an action for negligence, the plaintiff's evidence shows that the injury caused could equally well have been caused by other causes as by the defendant's negligence,
he has failed to discharge the burden of proof; so that a plaintiff will fail if he can only establish that the bacteria which caused him gastric disorder were as likely to have been on the bottle containing the product complained of, or on the plaintiff~s own hands, as in the product manufactured by the defendant which the plaintiff consumed
The sale of a bottle of beer in a canteen, which has been requested by its brand name by the customer, is a sale by description within the meaning of the Sale of Goods Act (cap. 225), s.16(2), so as to
give rise to the implication of a condition of merchantable quality
Evidence-burden of proof-standard of proof-negligence-burden not discharged if plaintiff's evidence shows injury equally consistent with defendant's negligence and other causes
Sale of Goods-sale by description-sale in canteen of beer requested by brand name is sale by description within Sale of Goods Act (cap. 225), s.16(2)
Tort-manufacturer's liability-duty of care-duty to consumer of product intended for consumption without opportunity of intermediate inspection to take care to exclude presence of noxious element
