Commentary

244 Assumption of compliance and burden of proof

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

244 Assumption of compliance and burden of proof

| Commentary

244 Assumption of compliance and burden of proof

The 2013 Regulations provide that every contract to which Part 2 applies includes a provision that the trader has complied with the regulations as to the provision of information1.

For a contract to which Part 2 of the 2013 Regulations applies, in the event of a dispute about whether a trader has complied with any provision, the trader bears the burden of proof. That is the trader has to show she has complied with the provisions2. The burden of proof does not apply to the information provided where

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