What is the standard of proof required in a civil claim for the tort of negligence?

Answer options:

Beyond reasonable doubt

On the balance of probabilities

Absolute certainty

Prima facie evidence

How to approach this question

Distinguish between civil and criminal standards of proof.

Full Answer

B.On the balance of probabilities✓ Correct

In civil cases, such as a claim in the tort of negligence, the claimant must prove their case 'on the balance of probabilities' (i.e., it is more likely than not that the defendant was negligent).

Common mistakes

Applying the criminal standard ('beyond reasonable doubt') to a civil tort claim.

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