LEGAL PRINCIPLE: EVIDENCE LAW – Burden of Proof in Civil Cases – Plaintiff Must Prove Case on Balance of Probabilities

The civil standard of proof is the balance of probabilities. The plaintiff bears the burden of proving his case. The burden never shifts to the defendant. The plaintiff must adduce sufficient evidence to tilt the scale. The principle is fundamental to civil procedure. The court will dismiss the claim if the plaintiff fails to discharge the burden. The rule applies to all civil cases, including land disputes, contracts, and torts. The plaintiff cannot rely on the weakness of the defence. The standard is the same for all civil claims.