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Review Your SQE 1 Practice Records

Examination Timing: 00H00M35S

Jessica is bringing a claim against her former business partner, Tom, for breach of contract. Jessica alleges that they verbally agreed to a term of the contract when they met to finalise matters. Tom denies that any agreement on such a term was reached. There were no witnesses, and the case rests on Jessica's word against Tom's. Which of the following best describes the burden of proof that the court will apply in deciding the issue?

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In civil claims, the standard of proof is the balance of probabilities, which means that the court must be satisfied that it is more likely than not that the claimant's version of events is true. The burden of proof lies with the claimant, in this case, Jessica, to prove her allegations. This is consistent with the principle that "he who asserts must prove." Therefore, options B, C, and D are incorrect as they misplace the burden of proof, and option E is incorrect as it refers to the criminal standard of proof, which is beyond reasonable doubt. 

Key Point: In civil litigation, the claimant bears the burden of proving their case on the balance of probabilities.

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