Skip to content
In forceUpdated to 1 Nov 2017Read it in Bahasa Malaysia

Chapter VII · Burden of Proof

111. Proof of good faith in transactions where one party is in relation of active confidence

Feedback & support

Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

(a)

The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.

(b)

The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

Report

Chapter VIII

Estoppel

Chapter IX

Witnesses

Chapter X

Examination of Witnesses

Chapter XI

Improper Admission and Rejection of Evidence