Common Law Presumption of Negligence by Bailee Applied When Contract Established Government Liability Identical to Common Law of Bailment; ASBCA No. 61047, Assessment and Training Solutions Consulting Corporation

The Armed Services Board of Contract Appeals sustained an appeal of the contracting officer’s deemed denial of certified claim seeking compensation for damage to two boats leased to the Navy, where the agency failed to rebut the common law presumption that damage to the boats was caused by its negligence.