786. Burden of proof of election to avoid contract.

In the case of proceedings to have the contract set aside it is not necessary for the representee1 to allege or prove that he has exercised his right of election by avoiding the contract, the claim or counterclaim being itself sufficient2, and the burden being on the representor3 to prove affirmation and not on the representee to prove avoidance4. In the case of a defence, on the other hand, it appears that the burden is on the representee of proving not merely that the contract was induced by misrepresentation, but also that, having become voidable on that ground, it