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Difference between revisions of "Contract Defences"
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=== The defence of making the other side prove its case === | === The defence of making the other side prove its case === | ||
In general, the plaintiff (the party seeking a remedy) must prove their case by presenting evidence to persuade a judge that they are entitled to the remedy. If the plaintiff is a creditor, the creditor must prove that the debtor owes the debt. If the plaintiff is a consumer, they must prove that the product they bought was defective. | In general, the plaintiff (the party seeking a remedy) '''must prove their case''' by presenting evidence to persuade a judge that they are entitled to the remedy. If the plaintiff is a creditor, the creditor must prove that the debtor owes the debt. If the plaintiff is a consumer, they must prove that the product they bought was defective. | ||
The obligation on plaintiffs to prove their case means defendants need only indicate that they do not admit to the plaintiff’s claim. Defendants can do this by filing a reply in the case of Small Claims Court actions, or by filing a response in Supreme Court actions. | The obligation on plaintiffs to prove their case means defendants need only indicate that they do not admit to the plaintiff’s claim. Defendants can do this by [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims/how-to-guides/replying-to-a-claim filing a reply] in the case of Small Claims Court actions, or by [https://www.supremecourtbc.ca/sites/default/files/web/Defending-an-Action-Started-by-a-Notice-of-Civil-Claim.pdf filing a response] in Supreme Court actions. | ||
Plaintiffs may fail to prove their case in a number of ways: | Plaintiffs may fail to prove their case in a number of ways: | ||