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A claimant is bringing a claim against a defendant, seeking damages for breach of contract. The claimant alleges that the parties agreed to an oral amendment to the contract. The defendant denies that the parties had any such agreement. The only evidence on this issue, which will determine the outcome of the claim, is the conflicting oral evidence of the claimant and the defendant.
Which of the following best describes the burden of proof, if any, which the court will apply in deciding the issue?
A. The burden lies with the defendant to disprove the claimant’s allegation beyond reasonable doubt.
B. The burden lies with the defendant to disprove the claimant’s allegation on the balance of probabilities.
C. Neither party bears the burden of proof and the judge will order a retrial if the judge cannot be sure which party’s evidence is correct.
D. The burden lies with the claimant to prove the allegation on the balance of probabilities.
E. The burden lies with the claimant to prove the allegation beyond reasonable doubt.
D - The burden lies with the claimant to prove the allegation on the balance of probabilities.
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