757. Standard of proof and questions of law and fact.

757.     Standard of proof and questions of law and fact.

In determining whether a representation was made fraudulently, the standard of proof applicable is the civil standard of balance of probability and not the criminal standard of proof beyond reasonable doubt, but the degree of probability required to establish proof may vary according to the gravity of the allegation to be proved1. The question whether there is any evidence to support an allegation that a representation made was fraudulent is a question of law2. Subject to this, the question whether a false representation was actually