You are suing your neighbour in Small Claims Court for the tort of trespass to land. Which of the following in regards to the burden of proof is true?
a) To succeed, you must prove that your neighbour trespassed beyond a reasonable doubt.
b) To succeed, you must prove that your neighbour trespassed on a balance of probabilities.
c) Your neighbour would have the onus of proving, on the balance of probabilities, that they did not commit the tort, otherwise you will be successful.
d) Your neighbour would have the onus of proving, beyond a reasonable doubt, that they did not commit the tort, otherwise you will be successful.
e) Since trespass is also a criminal offence, this would not be a case that could be heard in the Small Claims Court.