Professional Documents
Culture Documents
Burden of Proof
Civil Cases
Presented By
Mariette Peters
General Rule
Parties?
Plaintiff v Defendant
General Rule
What is the burden and
standard of proof on the
plaintiff in civil cases?
General Rule
What is the burden and
standard of proof on the
defendant in civil cases?
General Rule
What is the meaning of
balance of
probabilities?
Miller v Minister of
Pensions - Lord Denning
not as high as required in a
criminal case.. more probable
than not but if the probabilities
are equal, it is not discharged
Section 103
The burden of proof as to any
particular fact lies on that
person who wishes the court to
believe in its existence unless
it is provided by any law that
the proof of that fact shall lie
on any particular person
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Section 103
Negligence
What must the plaintiff prove?
Duty
Breach
Causation
Section 103
Section 103
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Section 103
Section 103
Breach of Contract
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Section 103
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Section 103
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Section 103
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Section 103
If any party raise a particular
fact, he has the legal burden
to prove that particular fact on
a balance of probability
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Section 103
What if that particular fact has a
criminal element to it?
Using premises for immoral purpose
Adultery
Cruelty
Desertion
Forgery
Fraud
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Section 103
Eastern Enterprise v Ong Choo
Kim
Blyth v Blyth
Adorna Properties v Boonsom
Boonyanit
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Section 103
Standard of proving a criminal
allegation in a civil case is still
balance of probabilities though
the degree required may be
higher
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Section 103
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Fraud
Fraud
Pre-1997
1997
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Post-1997
Pre-1997
Cases were inconsistent
Balance of probabilities
Lee You Sin v Chong Ngo Khoon
1997
Ang Hiok Seng v Yim Yut Kiu
Civil Fraud v Criminal Fraud
Balance of probabilities v Beyond
Reasonable Doubt
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Post 1997
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Post 1997
Eric Chan Thiam Soon v
Sarawak Securities Sdn Bhd
H Ct
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Post 1997
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Post 1997
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Section 106
Burden of proving fact
especially within knowledge.
When any fact is especially within
the knowledge of any person, the
burden of proving that fact is
upon him.
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Section 106
Res Ipsa Loquitur
What are the basic facts
to establish before the
doctrine of res ipsa
loquitur may be invoked?
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Section 106
If the doctrine of res ipsa loquitur
is successfully pleaded, how does it
affect the burden and standard of
proof on the respective parties?
MA Clyde v Wong Ah Mei
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Section 106
Whats the connection
between section 106 and
Res Ipsa Loquitur?
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mariettepet@gmail.com
mariette.peters@zulrafique.com.my
www.twitter.com/mariettegoh
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