Doubtful Digital Defect invokes the following three Halachos.
Renee's claim and the manufacturer's counter claim raises an uncertainty appertaining to the condition of an article.
Did the camera malfunction due to an inherent defect or due to the consumer's mishandling?
The issue on the table is:
Q. On whom lies the onus of proof? Does it matter if Renee paid for the product or purchased it on credit?
A. Halacha provides two approaches contingent on the degree of rational conviction of the plaintiffs claim.
1. When the plaintiff is rationally convinced of his/her claim, we apply the following theorem:
"The onus of proof lies upon the party interested in altering the fund's status quo" [Bava Kama 46, Shev Shamtza 2].
Consequently, if the consumer already paid for the merchandise, the onus of proof would lie upon the consumer. If the consumer had yet to pay for the merchandise, the onus of proof would lie upon the merchant.
2. When the plaintiff cannot propose a rational claim with conviction, we apply an alternative theorem:
"The onus of proof lies upon the party within who's territory the uncertainty appertaining to the article's condition unexpectedly surfaced" [Choshen Mishpat 224, 232:11].
Our scenario meets both interpretations of this law [Rif and Rosh]. The camera is both in Renee's physical domain and legal authority.
Renee would thus have to prove that the defect occurred prior to the sale whereby invalidating the sale irrespective of whether or not she paid for the article.
3. Unless otherwise stipulated, transaction terms are subject to local accepted custom [Choshen Mishpat 232:6].
Application
Even assuming Renee was absolutely certain that she did not mishandle the article, the burden of proof lies upon her because she already paid for the camera.
If Renee could not have proposed a rational claim with conviction, the onus of proof would lie upon Renee even if she did not pay for the camera as of yet, as the unexpected uncertainty surfaced when the camera was both in Renee's legal and physical domain, the onus of proof lies upon Renee.
If however, local business practices favor the consumer, the merchant must comply accordingly.◆
