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Message: [QUOTE="lynx000, post: 2992189, member: 2065"] No, if he commences the action, he is the plaintiff in the action and he bears the onus of proving his claim. I presume that the claim will be based on an allegation of breach of contract constituted by his wrongful termination, so he will have the onus of proving that there was a breach of contract. Given the nature of the action, that will be proof on the balance of probabilities. If the action is defended by the Broncos, presumably it will be on the grounds that the termination was lawful because there had been a repudiatory breach of contract by Bennett which they were entitled to accept and terminate the contract. They will have an evidentiary burden of establishing the grounds of their defence to the action. [/QUOTE]

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