111.
Proof of good faith in transactions where one party is in
relation of active confidence.- Where there is a
question as to the good faith of a transaction between parties,
one of whom stands to the other in a position of active confidence,
the burden of proving the good faith of the transaction is
on the party who is in a position of active confidence.
Illustrations
(a) The good faith of a sale by a client
to an attorney is in question in a suit brought by the client.
The burden of proving the good faith of the transaction is
on the attorney.
(b) The good faith of a sale by a son just
come of age to a father is in question in a suit brought by
the son. The burden of proving the good faith of the transaction
is on the father.
|