Civil Allocation in Idylia

In the past Idylia operated without an adversary system of justice. All civil disputes were brought to the Tribunal of Inquiry, which thoroughly investigated and reached factual conclusions about each and every element that the Idylia legislature specified as essential to recovery. In some cases the Tribunal of Inquiry would remain uncertain even after exhaustive investigation. These cases would be decided by coin flip. The system was enormously expensive and the results unsatisfying, particularly in the coin-flip cases.

You are commissioned to allocate the proof of elements between plaintiff and defendant in contract suits and to provide a coherent theoretical justification for your allocation

The elements for breach of contract in Idylia are as follows: agreement, consideration, breach, and absence of mistake. Records of the Tribunal of Inquiry show that in the last year (consider it representative) there were 3,000 disputed contracts. Estimates are that this is approximately 5 percent of all contracts. Damages were awarded in 1,000 cases.

	Number of cases in which the element was the major disputed issue	Number of cases in which Tribunal decided for recovery	Number of cases in which decision was for no recovery	Number of cases in which Tribunal wound up uncertain and flipped a coin
Agreement	850	325	275	250
Consideration	400	200	150	50
Breach	1,700	440	970	290
Absense of mistake	50	35	5	10
	3,000	1,000	1,400	600⁽¹⁾

What do you recommend, and why?

1. ^{300 of these came out for the plaintiff.}