On whom burden of proof lies
AI Assist
Summary
The party who would lose if no evidence were given must prove the facts they rely on. This rule applies at the start of any suit or proceeding when neither side has produced evidence. Consequence: that party has the burden to produce evidence or they will fail on that issue.
Example
Priya sues Rohan for a plot Rohan occupies, saying it was left to her by Rohan's father. If neither side produces evidence, Rohan would keep possession because mere possession favors him. So Priya bears the burden to prove the will.
Bare Act
Enacted textThe burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations.
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(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
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(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
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