Also known as: burdens · burdened · burdening · onus
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The obligation placed on a party to produce evidence or persuade the factfinder regarding a particular issue in litigation. The allocation determines which party must initially come forward with proof and which ultimately carries the risk of nonpersuasion.
The obligation placed on a party to produce evidence or persuade the factfinder regarding a particular issue in litigation. The allocation determines which party must initially come forward with proof and which ultimately carries the risk of nonpersuasion.
Brendan Burns sued Benson Motors directors derivatively. After a special committee recommended dismissal, the court placed the burden on Brendan to prove the committee lacked independence unless he alleged particular facts showing a majority of the board was conflicted.
A duty, obligation, or adverse consequence that law, contract, or circumstance places on a party or interest. The burden may run with property, limit assignment, or constrain professional conduct.
After Brian Bailey signed a contract to sell land to Bianca Baker, a storm damaged the barn. Equity treated Bianca as owner from contract formation, so she bore the loss even though legal title remained with Brian.
Belinda Baxter's counsel served repeated subpoenas on a nonparty witness solely to pressure settlement. The tactic had no legitimate purpose other than to burden the witness and violated the rule against using means that embarrass or burden third persons.
A duty, obligation, or adverse consequence that law, contract, or circumstance places on a party or interest. The burden may run with property, limit assignment, or constrain professional conduct.
Each sense below has its own examples, sources, and questions.
Brianna Burke sued after slipping on a wet floor. She had to prove the store owed a duty, breached it by failing to inspect, and that the breach caused her fall. Without that evidence the claim failed.
The defendant must raise the defense and typically bears both the burden of production and the burden of persuasion on an insanity-type claim. The prosecution retains the burden on every element of the offense itself.
The plaintiff must prove duty, breach, causation, and damages. The defendant bears the burden of proving contributory negligence when that issue is raised.
Barbara Bennett assigned her right to receive custom machinery from Brookside Pharmaceuticals to a distant competitor. The substitution would have required Brookside to alter production schedules and accept new credit risks, materially increasing its burden, so the assignment was ineffective.
Birchwood Apparel sold leased retail space subject to a recorded promise to maintain common-area lighting. The transferee took subject to the burden because the promise touched and concerned the estate and the parties intended it to run.
An assignment is ineffective if substituting the assignee would materially change the obligor's duty, increase risk, impair chances of return performance, or reduce the value of that performance.
Once a binding land-sale contract forms, the buyer bears the burdens of ownership, including risk of loss, taxes, and maintenance, even though legal title remains with the seller.
A lawyer may not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or employ discovery methods that violate the third person's legal rights.
…life are dominant and constitutionally justifiable. IX The District Court held that the appellee failed to meet his burden of demonstrating that the Texas statute's infringement upon Roe's rights was necessary to support a compelling state interest, and that, although the appellee presented "several compelling…