2025 Contracts and Sales Bar Exam Complete Practice Test

In breach of contract cases, the burden of proof lies with the plaintiff to establish that a breach of contract occurred. This means that it is the responsibility of the party who is claiming that the contract has been breached to provide sufficient evidence to demonstrate that the defendant did not fulfill their obligations under the terms of the agreement.

The plaintiff must typically show that a valid contract existed, that they performed their part of the contract or were excused from doing so, and that the defendant failed to perform their obligations as stipulated in the contract. This standard is grounded in the principle that the party making the claim (in this case, the plaintiff) must substantiate their accusations with appropriate evidence, whether it be through documentation, witness testimony, or other forms of proof.

In contrast, the other options do not correctly reflect the allocation of the burden of proof in breach of contract scenarios. The defendant's responsibility would typically arise only after the plaintiff establishes a prima facie case. The judge's role typically involves the interpretation of contractual terms but does not include carrying the burden of proof. Witnesses provide testimony which can support the plaintiff's case but are not the parties tasked with establishing the burden of proof themselves.