BUS 118 – which party has the burden of producing evidence as to the terms
January 4th, 2018
Pat sued Vince for breach of contract. Pat testified that Vince has agreed to work as a salesman for a 10% commission. Vince testified that the commission was to be 15%. There was no witnesses to the conversation that created the oral contract. Assume that the case is tried before jury.a. which party has the burden of producing evidence as to the terms of the contract? Why?b. Which party has the burden of persuasion?c. What standard of proof is required? Explain.d. Is it possible for the jury to find for pat without any corroborating incidence? Explain