• 2004 - Burden of Proving Damages
  • C-70.06
    • Burden Of Proof
    • Damages
    • Damages
  • Even though the [liability] [fault] of [the Defendant] [a Party] may have been established, you cannot assess damages unless the [Plaintiff] [Party] has satisfied the burden of proof with respect to the damages, if any. The burden rests upon the [Plaintiff] [Party] to prove the elements of the damages, if any, by the greater weight of the evidence. [If a breach of duty has caused no appreciable detriment to the Party affected, only nominal damages may be recovered.] * * * * *
    • 32-03-38
  • Notes: