Discretionary evidentiary presumptions permit probable factual inferences, subject to circumstances that may displace their application. Section 114 establishes discretionary evidentiary presumptions, permitting the Court to infer facts likely to have occurred from the ordinary course of ... Summary
Discretionary evidentiary presumptions permit probable factual inferences, subject to circumstances that may displace their application.
Section 114 establishes discretionary evidentiary presumptions, permitting the Court to infer facts likely to have occurred from the ordinary course of natural events, human conduct, and public or private business, assessed against the circumstances of the particular case. The presumptions are not automatic: their application depends on whether surrounding facts support or weaken the relevant inference. Application requires regard to facts capable of displacing the ordinary inference.
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