LAW OF EVIDENCE 561
- The test is—
(i) common Course of natural events.
(ii) human conduct.
(iii) Public and private business.
It gives 9 illustrations of what would be likely results of certain facts.
Explain. —Illustrations (not given in MS—ed)
An event likely in one circumstance may very unlikely in another circumstance. Therefore in drawing a presumption the Court must have regard to the facts of the particular case.
Explanations to illustrations (not given in MS—ed)
There can be no general codification of presumptions because the likely result must vary under circumstances.
The effect of presumption is to relieve a person from the Burden of Proof.
Presumption of Law and Presumptions of fact.
Rebuttable and Irrebuttable Presumptions.
Norton P. 381.
II. Analogous presumptions are maxims of law. They are also called presumptions in the loose sense of the word.
There are certain maxims of Law which are also called Presumptions.
Illustrations of Maxims of Law :
(1) The law will presume that every body knows the law.
(2) The law will presume that every person intends the natural consequences of his acts.
(3) The law will presume that an accused person is innocent.
(4) The law will presume that every human being is endowed with the power of understanding.
(5) The law will persume that no man will throw away his property for instance, by paying money not due.
(6) The law will presume that money advanced by a Parent to his child is intended as a gift, and not as a loan.