LAW OF EVIDENCE 551
3. Akiks
4. Condition Precedent = Proviso.
In this connection the law of evidence has appointed three principles.
I. The burden of proof of a fact is on a person who wants to benefit himself by the special facilities provided by the law of evidence for the proof of that fact.
Section 104 is an illustration of this principle.
2. § Burden of proving a particular fact.
The rule is the same as in the case of burden of proving an issue. That is the burden of proving a particular fact is on the party who affirms the existence of the fact and not upon the party who denies it. The rule is contained in Section 103 and the reasons of the rule are the same in both cases.
There are however certain facts the burden of proving which is placed by law upon a particular person irrespective of the question whether he asserts its existence or denies its existence. Sections 104 to 111 specify the cases in which the law of evidence places the burden on particular persons.
The principles underlying these sections and which justify this departure from the general rule relating to Burden of Proof seem to be four.
I. The burden of proving a fact should be on a party who wants to take the benefit of the special facilities provided by the law of evidence for the proof of that fact.
II. Where parties are unequal in their relative position the burden of proving a particular fact should rest on the one who is comparatively in a better or stronger position.
III. Where things have continued to exist the burden of proving their discontinuance is on the party who alleges discontinuance.
IV. Where one fact is a mere legal incident of another fact the burden of proving that the incident should not be attached to the fact is on the party who alleges that it should not be.
§ Sections illustrative of the First principle.
- Section 104 is an illustration of the First Principle. This deals with the burden of proof of a fact, the proof which is a necessary prerequisite for the proof of another fact.