THE BURDEN OF PROOF IN MISREPRESENTATION IN CONTRACTS: A LEGAL ANALYSIS

Misrepressentation in contracts could lead to a contract becoming null and void. Misrepresentations frequently occur, either in physical contracts or online contracts. Therefore, the majority of countries around the world have enacted laws to control misrepresentation. Among the provisions enacted include the burden of proof in misrepresentations in a contract. This study analysed existing legal provisions in several commonwealth countries to identify the burden of proof in misrepresentations. The document analysis method was used to achieve the objectives of this study and involved the analysis of statutes and Acts related to misrepresentation. Findings indicate that there are differences in the burden of proof in misrepresentation found in the legal provisions of each country. The United Kingdom and Australia have clear legal provisions concerning the burden of proof, while Malaysia and India do not. Hence, the legal provisions in Australia and the United Kingdom should be taken as examples for enacting clear provisions in order to avoid any confusion.