Affirmanti non neganti

affirmanti non neganti meaning

Affirmanti non neganti incumbit probatio is a Latin phrase commonly used in the law to refer to the burden of proof. It means that the burden of proof lies on the party who affirms, rather than the party who denies. In other words, if someone claims that something is true, they must provide evidence to support their claim. The opposing party is not required to provide evidence to disprove the claim, as the burden of proof lies solely on the party making the claim. This principle is essential in ensuring that legal disputes are resolved justly and that the evidence presented in court is given proper weight and consideration by judges and juries. The burden of proof is on the person who alleges, and not on the person who denies affirmanti non neganti incumbit probatio.

Origins of affirmanti non neganti

The principle of affirmanti non neganti dates back to Roman law, which has influenced many of the legal systems in use today. In Roman law, the principle referred to one who made an assertion or claim, which was considered to be true unless the opposing party could prove otherwise. This principle is also known as the presumption of innocence in criminal law, where the prosecution has to prove the defendant's guilt beyond a reasonable doubt. It has been a cornerstone in the legal system for centuries and continues to serve as a basis for legal proceedings in many countries.

Example of affirmanti non neganti

An example of where the claimant (not the respondent) bears the burden of proof. Where there is a claim of misrepresentation. To be actionable the representation must be a statement of fact and cannot be an opinion. In Esso Petroleum Co Ltd v Mardon [1976] 2 All ER 5 Mardon took a lease of a petrol station with the aid of a loan from Esso after being assured by Esso’s representative that the annual sales would be 200,000 gallons of petrol per year. The Court of Appeal said that in this case the estimate was a statement of fact. The statement must be one of fact and Mardon had to prove that this statement was made.

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