Balance of Probabilities

Definition
Burden of proof in civil trials.

Related Terms
Reasonable Doubt, Burden of Proof, Trial & also known as preponderance of evidence.

The common distinction is made with the burden of truth in a criminal trial, which is beyond a reasonable doubt.

Balance of probabilities the standard of proof in civil cases, demanding that the case that is the more probable should succeed.
This is the kind of decision represented by the scales of justice.
The court weighs up the evidence and decides which version is most probably true.

If both seem equally balanced, then the person pursuing the case loses on the basis of the maxim melior est conditio defendentis, ‘better is the position of the defender’.


Mahkamah Rayuan didalam kes
Telekom Malaysia Kawasan Utara v Krishnan Kutty Sanguni Nair & Anor [2002] 3 CLJ 314,

Memutuskan standard pembuktian yang terletak diatas majikan adalah berdasarkan imbangan kebarangkalian.
YA Abdul Hamid Mohamad, HMR, didalam keputusannya telah memutuskan:

“ …it is quite clear to us that the Industrial Court should not be burdened with the technicalities regarding the standard of proof, the rules of that are applied in a court of law. The Industrial Court should be allowed to conduct its proceedings as a “court of arbitration”, and be more flexible in arriving at its decision, so long as it gives special regard to substantial merits and decide a case in accordance with equity and good conscience.

Thus, the Industrial Court, when hearing a claim of unjust dismissal, even where the ground is one of dishonest act, including theft, is not required to be satisfied beyond reasonable doubt that the employee has committed the offence.The standard of proof applicable is the civil standard, ie, proof on a balance of probabilities which is flexible so that the degree of probability required is proportionate to the nature and gravity of the issue.”