2 ms·
Imagine you arrange some "send goods, receive payment later" kind of deal with someone; you send them the goods but they never pay you. So you bring them to cou
by Joker_vD 3y ago
Imagine you arrange some "send goods, receive payment later" kind of deal with someone; you send them the goods but they never pay you. So you bring them to court... and now you have to prove that they did not pay you. While they claim they did and even gave you a signed receipt which you must have thrown away.
So naturally, because in most civil cases its the other party's inaction that's supposed to be punished, courts adopt "guilty until proven otherwise" stance. Now it's the other party that has to show a receipt signed by you, or to show their bank statement that says they've transfered money to you, etc. That's one reason why there is so much paper trail in business and commerce — so that's when someone sues you, you could use all that paper to cover your ass.
- bandyaboot 3y agoThis discussion (not just your reply) wasn’t sitting right with me so I had to look into it a bit closer to get more clarity. While it’s true that the concept of innocent until proven guilty doesn’t exist in civil cases, it doesn’t appear that the opposite is generally true. The burden of proof is still on the plaintiff, though the bar is much lower than for criminal cases (which comes as no surprise).