But the onus of proving this to the satisfaction of the special commissioners would lie upon the executors; and the special commissioners would not be bound by any findings of fact made by the court in the action between the executors and the trustees.
22.
"But a claimant who bases his claim for entitlement on the condition will carry the onus of proving its existence on the balance of probabilities, " he said . . . . " Each case will depend upon its own facts ."
23.
In his opinion for the majority, Davis J . held that when a vessel under steam collides with a moored vessel, the commander of the vessel under steam is presumed liable for the collision, and has the onus of proving that he was not negligent.
24.
The court held on the facts that the defendant had not discharged the onus of proving that he had sold the property " bona fide " and that, consequently, he was liable for the value of the land, whose true value was ?, 700.
25.
Where the parties are shown to have been " ad idem " as to the material conditions of a contract, the onus of proving an agreement that legal validity shall be postponed until the due execution of a written document lies upon the party who alleges it.
26.
A correct analogy would be that if the page on cow was edited to say " The Cow is a mammal " and provided tons of references to back this, you would still insist that " the cow is an animal so how can it be a mammal ? " The onus of proving that it is not a mammal is on you.
27.
Best, C . J ., observed, that, but for the authorities, he should have thought that the onus of proving damages gave the plaintiff a right to begin : but his Lordship said, that it being of the utmost consequence that the practice should be uniform, he should consider himself bound by the cases; and he directed the defendant's counsel to begin.
28.
If a will is regular on the face of it that is, if it is apparently in proper form and in compliance with the requirements of the law, and if there is no external sign or mark of any flaw in it it is presumed to be valid; hence, if it is sought to establish the invalidity of the will, the onus of proving the cause or reason of the invalidity is upon the person endeavouring to set aside the will.
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