Legal Definitions - balance of probability

The balance of probability is the standard of proof used in most civil legal cases. It means that for a party to win their case, they must convince the court that their version of events is more likely to be true than not true. Essentially, the evidence presented must show that there is a greater than 50% chance that what they are claiming actually happened. This is a lower standard of proof compared to the "beyond a reasonable doubt" standard required in criminal cases.

Here are some examples illustrating the balance of probability:

• Personal Injury Claim: Imagine a pedestrian, Sarah, sues a driver, Mark, for negligence after being hit by his car while crossing the street. Sarah claims Mark was speeding and distracted, leading to the accident. Mark, however, argues that Sarah stepped into the road unexpectedly. To win her case, Sarah doesn't need to prove with absolute certainty that Mark was negligent. She just needs to present enough evidence (such as witness statements, accident reconstruction reports, or traffic camera footage) to convince the judge or jury that it is more probable than not (i.e., over 50% likely) that Mark's actions caused the accident. If the evidence tips the scales even slightly in her favor, she meets the balance of probability standard.

• Contract Dispute: Consider a situation where Company A sues Company B for breach of contract, alleging that Company B failed to deliver a crucial shipment of goods by the agreed-upon deadline, causing Company A significant financial losses. Company B counters that the delay was due to an unforeseen natural disaster, which is covered by a "force majeure" clause in their contract, excusing them from liability. For Company A to succeed in its lawsuit, it must demonstrate, on the balance of probability, that Company B's failure was indeed a breach of contract and not genuinely excused by the force majeure clause. This means showing that Company A's interpretation of the contract and the circumstances surrounding the delay is more likely correct than Company B's explanation.

• Child Custody Battle: In a divorce case, parents Emily and David are in a dispute over who should have primary custody of their child. Both parents present evidence to the court regarding their living situations, financial stability, parenting styles, and ability to provide a nurturing environment. The judge, in making a decision, will apply the balance of probability standard to determine which parent's proposed custody arrangement is more likely to be in the child's best interests. For instance, if Emily presents compelling evidence that she has a more stable home, a better support network for childcare, and a more consistent routine, and the judge finds this scenario more probable to benefit the child than David's claims, Emily might be granted primary custody.