# 111 Proof of good faith in transactions where one party is in relation of active confidence

Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

Illustrations

(a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.

(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

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CHAPTER VII.--OF THE BURDEN OF PROOF

107

Burden of proving death of person known to have been alive within thirty years

108

Burden of proving that person is alive who has not been heard of for seven years

109

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

110

Burden of proof as to ownership

111A

Presumption as to certain offences