balance of probabilities

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balance of probabilities

the standard of proof in civil cases, demanding that the case that is the more probable should succeed. This is the kind of decision represented by the scales of justice. The court weighs up the evidence and decides which version is most probably true. Thus, the actual truth may never be known. All that is done in the Anglo-American system is to choose which of the combatants has presented the most probable version. If both seem equally balanced, then the person pursuing the case loses on the basis of the maxim melior est conditio defendentis, ‘better is the position of the defender’. For the standard in criminal cases see

Collins Dictionary of Law © W.J. Stewart, 2006

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However on the lesser test of the balance of probabilities, the same evidence may lead to the conclusion that whilst it was possible that Terry was challenging what he believed Ferdinand had said to him it was also possible that he had in fact used abusive and/or insulting words with reference to national origins and/or colour and/or race and that, on balance, the latter is the preferred interpretation of what happened.

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That general rule for cause-in-fact requires a plaintiff to prove on the balance of probabilities that were it not for the defendant's fault, the plaintiff would not have suffered the harm in respect of which she is claiming.

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Anyone that chooses to be in possession of eggs is obliged to show, on a balance of probabilities, that their possession is lawful.