BSA Section 112 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Summary

When the question before a court is whether people are partners, landlord and tenant, or principal and agent, and it has already been shown that they have been acting in one of those roles, the burden of proof shifts. The person who claims that they do not actually stand in that relationship, or that the relationship has ended, must prove that claim.

Official Text

When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

Old <-> New Code Mapping

• IEA §109 — Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent