Burden of proof in active-confidence transactions requires the trusted party to prove the transaction was made in good faith. When a transaction's good faith is questioned and one party occupies a position of active confidence toward the other, the burden of proving the transaction's good faith rests on the party in that position of active confidence; illustrative examples include sales by an advocate or by a father where a trust relationship with the other party is implicated.
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Provisions expressly mentioned in the judgment/order text.
Burden of proof in active-confidence transactions requires the trusted party to prove the transaction was made in good faith.
When a transaction's good faith is questioned and one party occupies a position of active confidence toward the other, the burden of proving the transaction's good faith rests on the party in that position of active confidence; illustrative examples include sales by an advocate or by a father where a trust relationship with the other party is implicated.
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