Burden of Proof
idea · 2 works · 2 mentions · 3 anchored passages
burden of proof · necessitas probationis · onus probandi
in the texts
Institutes of Roman Law
The set of rules governing which party must prove a disputed allegation in Roman pleading.
In respect of the burden of proof (onus, necessitas probationis) the following are the leading rules:
But, further, in the second line of defence the proof of the matter alleged in avoidance is incumbent on the defendant:
the proof of this avoiding allegation is on the defendant, Cod.
The Law of Torts
The rule allocating to the party alleging negligence the burden of proving it by facts inconsistent with due diligence.
Where there is no contract between the parties, the burden of proof is on him who complains of negligence.
“When the balance is even as to which party is in fault, the one who relies upon the negligence of the other is bound to turn the scale”.