Good faith in active-confidence transactions must be proved by the party holding the confidential position when challenged. Where the good faith of a transaction is questioned between parties in a relationship of active confidence, the burden of proving good faith lies on the ... Summary
Good faith in active-confidence transactions must be proved by the party holding the confidential position when challenged.
Where the good faith of a transaction is questioned between parties in a relationship of active confidence, the burden of proving good faith lies on the party occupying that position. An attorney must prove good faith in a sale by a client to the attorney, while a father must prove it where a son who has just attained majority challenges a sale to the father.
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