Presumption - contract law

A presumption is something that is expected to be taken as the truth.

The legal definition of presumption is something that is expected to be taken as the truth. We very often presume things to be true but they can be proved to be untrue or rebutted. The legal definition of rebuttal is that it is expected that the presumption is not true.

For example we might presume that a child born of a husband and wife living together is the natural child of the husband unless there is conclusive proof he is not.  We might also presume a person who has disappeared and not been heard from for seven years is  dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty.

These are sometimes called rebuttable presumptions to distinguish them from absolute, conclusive or irrebuttable presumptions when it is impossible to disprove the presumption which would be a certainty not a presumption.

 

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