prima facie evidence of negligence

If, based on the reasonable foreseeability/reasonable reliance criteria, a prima facie duty of care is found to exist, the court must then determine whether policy considerations such as indeterminate liability should eliminate or limit the prima facie duty.

8. The master of any vessel which has broken bulk for the purpose of lightening or other necessary purpose, previous to her arrival in the harbor of Quebec, shall, immediately on the discovery of any damaged cargo, proceed to hold a survey on the same in the manner herein prescribed, before the same shall be moved out of the place in which it was originally stowed; and if, after the arrival in port of any vessel from beyond the seas, which has not had occasion to lighten, break bulk, or otherwise discharge any portion of her cargo before coming into the harbour, the hatches of such vessel shall be first opened by any person not a Port Warden, and the cargo or any part thereof shall come from on board such ...[+++]ship in a damaged condition, these facts shall be primâ facie evidence that such damage occurred in consequence of improper stowage or negligence on the part of the persons in charge of the vessel, and such default shall, until the contrary be shewn, be chargeable to the owner, master, or other person interested as part owner or master of the said vessel.

9. The master of every sea-going vessel arriving with cargo in the Port of Montreal, which has not previously legally broken bulk during the voyage at any port in Canada, shall notify the Port Warden to be present at the opening of the hatches of such vessel; and immediately on the discovery of any damage to the cargo, shall request him to survey the same, with the view of ascertaining the nature, cause and extent of such damage, before such damaged cargo shall be removed from the place in which it was originally stowed, — though, for the purpose of full and complete investigation, the Port Warden may cause the cargo so damaged to be discharged and removed to any wharf or warehouse: and should the Port Warden not be so notified and request ...[+++]ed to be present and survey such cargo as aforesaid, and the said cargo or any part thereof should be landed from on board such vessel in a damaged condition, these facts shall be primâ facie evidence that such damage occurred in consequence of improper stowage or negligence on the part of the persons in charge of such vessel; and unless the contrary be shewn by the master or owners of such vessel, the burden of which shall be upon him or them, he or they shall be liable for such damage.

9. The master of every sea-going vessel arriving with cargo in the Port of Montreal, which has not previously legally broken bulk during the voyage at any port in Canada, shall notify the Port Warden to be present at the opening of the hatches of such vessel; and immediately on the discovery of any damage to the cargo, shall request him to survey the same, with the view of ascertaining the nature, cause and extent of such damage, before such damaged cargo shall be removed from the place in which it was originally stowed, — though, for the purpose of full and complete investigation, the Port Warden may cause the cargo so damaged to be discharged and removed to any wharf or warehouse: and should the Port Warden not be so notified and request ...[+++]ed to be present and survey such cargo as aforesaid, and the said cargo or any part thereof should be landed from on board such vessel in a damaged condition, these facts shall be primâ facie evidence that such damage occurred in consequence of improper stowage or negligence on the part of the persons in charge of such vessel; and unless the contrary be shewn by the master or owners of such vessel, the burden of which shall be upon him or them, he or they shall be liable for such damage.