Distinguish between common-law and statutory procedures relating to presumption of death. In your answer, point out the
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Distinguish between common-law and statutory procedures relating to presumption of death. In your answer, point out the differences between the two procedures with reference to the following questions:
(a) Who takes the initiative to approach the court for a presumption of death in the case of the common-law and statutory procedures respectively?
(b) What is the burden of proof in the common-law and statutory procedures respectively?
(c) What effect does the presumption of death pronounced in terms of the common-law and statutory procedures respectively have on the missing person's marriage? Refer to authority for your answer.
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Business Law Today The Essentials
ISBN: 978-0324786156
9th Edition
Authors: Roger LeRoy Miller, Gaylord A. Jentz
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