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 onSolution
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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