Elucidate Burden of Proof

Question

Elucidate Burden of Proof?

Answer 1

Torts are civil actions rather than criminal actions, the plaintiff must prove his or her case on a balance of probabilities. In numerical terms, this means that there is a better than 50% chance that the plaintiff was harmed by the defendant.

In certain circumstances, because it can be difficult for a plaintiff to know all of the particulars about a tort committed against him or her, the plaintiff may initially meet this burden of proof using circumstantial evidence. The burden of proof then shifts to the defendant to prove also on a balance of probabilities that he or she was not at fault.