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The good faith of a sale by a client to an advocate is in question in a suit brought by the client. On…

Section 114 puts the burden of proving the good faith of a transaction on the party who stands in a position of active confidence towards the other. Illustration (a) to…

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The good faith of a sale by a client to an advocate is in question in a suit brought by the client. On whom is the burden of proving the good faith of the transaction?

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Correct answer A

Section 114 puts the burden of proving the good faith of a transaction on the party who stands in a position of active confidence towards the other. Illustration (a) to section 114 says the burden is on the advocate in a sale by his client, so the answer is "On the advocate". This applies even though the client is the plaintiff.

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