What does the term 'balance of probabilities' refer to in tort law?

The term 'balance of probabilities' in tort law refers specifically to the standard of proof required in civil cases. This standard requires that a party must prove that their claim is more likely to be true than not true, which is a lower standard compared to the "beyond a reasonable doubt" standard used in criminal law.

In civil cases such as tort claims, the court assesses all the evidence presented and determines which side has the stronger case based on the likelihood that their version of events is correct. If the evidence suggests that something is more likely true than not, then the claimant can succeed in their case. This standard underscores the nature of civil law where the focus is on compensation or remedy rather than on punishment.

Other options do not pertain directly to this concept; while there are measures of harm in tort law and various defenses or processes for resolving disputes, they do not encapsulate the idea of a standard of proof, which is what 'balance of probabilities' signifies.