What is meant by balance of probabilities?
- Balance of probabilities is the standard of proof required by the court to establish a case against a person in tort.
- The plaintiff or the defendant (if raising a defence) must establish that their version of events is more likely than not to have happened.
- They do not need to establish that the offence occurred with certainty. However they do need to show that there is no other likely or more reasonable explanation for what happened.
Read some more FAQS from our Negligence & Torts section