SHIFTING

Changing; varying; pass-big from one person to another by substitution. “Shifting the burden of proof” is transferring it from one party to the other, or from one side of the case to the other, when he upon whom it rested originally has made out a prima facie case or defense by evidence, of such a character that it then becomes incumbent upon the other to rebut it by contradictory or defensive evidence. . Shifting; clause. A shifting clause in a settlement is a clause by which some other mode of devolution is substituted for that primarily prescribed. Examples of shifting clauses are: The ordinary name and arms clause, and the clause of less frequent occurrence by which a settled estate is destined as the foundation of a second family, in the event of the elder branch becoming otherwise enriched. These shifting clauses take effect under the statute of uses. Sweet. Shifting risk. In insurance, a risk created by a contract of insurance on a stock of merchandise, or other similar property, which is kept for sale, or is subject to change in items by purchase and sale; the policy being conditioned to cover the goods in the stock at any and all times and not to be affected by changes in its composition. Farmers’, etc, Ins. Ass’n v. Kryder, 5 Ind. App. 430, 31 N. E. 851, 51 Am. St. Rep. 284. Shifting severalty. See SEVERALTY. Shifting nso. See USE.