ICAEW BL · Chapter 1 · Question 1 of 8
Marchetti Ltd issues a claim in the County Court against a former supplier for breach of contract. Which statement correctly describes how the case will be conducted and decided?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) Marchetti Ltd is the claimant, it bears the burden of proving its case on the balance of probabilities, and if it succeeds the supplier will be found liable
Explanation
In a civil claim the party bringing the action is the claimant, and the general rule is that the claimant bears the burden of proving its case. The standard is the balance of probabilities: the claimant must show its version is more likely than not. A defendant who loses is found liable; 'guilty' and 'not guilty' are criminal verdicts. Proof beyond reasonable doubt is the criminal standard, and the CPS prosecutes crimes, not contract claims.
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