LAW OF EVIDENCE 555
A transaction between Trustee and beneficiary, solicitor and client, father and son or husband and wife would be subject to this rule if the issue of good faith were raised.
(V) The rule although confined by the Section to cases where one person stands to the other in a position of active confidence it is extended by the Court to all cases where a person has domination over another and is in a position to exercise undue influence.
Sections 107-108.
They must be read together because 108 is only a proviso to the rule contained in Section 107.
The sections do not deal with the question, how long was a person alive.
The sections do not deal with the question at what time he died.
The sections do not deal with the question whether he was alive or dead at some antecedent date.
The sections deal with the question whether a person is alive or dead at the time when the question is raised, that is at the date of the suit.
Sections illustrative of the third Principle.
Sections 107, 108 and 109
Sections 107 deals with the burden of proof where the question is whether a man is alive or dead.
According to this section where it is proved that the person in question was alive within the last 30 years then the burden is upon the party who asserts that he is dead. Where it is not proved that the person in question was alive within the last
30 years then the burden is on the person who alleges that he is alive.
Section 108 deals with the burden of proof where the question is whether the man who has not been heard of is alive or dead.
Acording to the section :
(1) if the man is not heard of for seven years
and
(2) by those who would naturally have heard of him the burden is upon the party who affirms that he is alive.