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In forceUpdated to 1 Nov 2017Read it in Bahasa Malaysia

Chapter VII · Burden of Proof

102. On whom burden of proof lies

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The 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.

(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.

Evidence 77

If no evidence were given on either side, B would be entitled to his possession.

Therefore the burden of proof is on A.

(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.

Report

Chapter VIII

Estoppel

Chapter IX

Witnesses

Chapter X

Examination of Witnesses

Chapter XI

Improper Admission and Rejection of Evidence