What principle is applied when determining fault in civil cases?

In civil cases, the principle that is applied for determining fault is known as the balance of probabilities. This standard requires that the party who is claiming a right or seeking a remedy must convince the court that it is more likely than not (over 50% likelihood) that their version of events is true. This contrasts with the higher standard of proof required in criminal cases, where guilt must be established beyond a reasonable doubt.

The balance of probabilities operates within the civil law framework, allowing for a more flexible approach to assessing evidence. The goal is to evaluate the credibility and reliability of the evidence presented by both parties and determine which party's claims are more persuasive.

Understanding this principle is crucial for analyzing civil cases, as it affects both the burden of proof and the ultimate outcome of disputes. By grounding decisions in the balance of probabilities, civil law seeks to ensure fair and just resolutions based on the likelihood of claims rather than absolute certainty.