IEA Section 111 — Proof of good faith in transactions where one party is in relation of active confidence

Summary

If a question arises about whether a transaction was conducted honestly and fairly between two people, and one of them holds a position of special trust or influence over the other, then the person in that trusted position must prove that the transaction was done in good faith.

Official Text

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.

Old <-> New Code Mapping

• BSA §114 — Proof of good faith in transactions where one party is in relation of active confidence