Question

    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
    A The client Correct Answer Incorrect Answer
    B The attorney Correct Answer Incorrect Answer
    C The sale representative Correct Answer Incorrect Answer
    D Partly on the client and partly on the attorney Correct Answer Incorrect Answer
    E The Court Correct Answer Incorrect Answer

    Solution

    Section 111 of the Evidence Act 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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