Principle

CIVIL PROCEDURE — Burden of Proof — Misdirection as to Onus — Effect on Trial

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A misdirection on the burden of proof is serious. It can affect the court's assessment of witness credibility. It may lead to a miscarriage of justice. If the court casts the burden on the wrong party, the appellate court will assume a likelihood of miscarriage.…

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