Legal Definitions - disputable presumption

A disputable presumption (also known as a rebuttable presumption) is a legal assumption that a court will make about a certain fact or set of circumstances. This assumption is considered true unless and until someone presents sufficient evidence to prove it false. Essentially, the law presumes something to be true, and the burden then shifts to the opposing party to introduce evidence that "rebuts" or disproves that presumption.

Here are some examples to illustrate this concept:

• Example 1: Child Born During Marriage

  If a child is born to a married couple, there is a disputable presumption that the husband is the biological father. This means that, in the eyes of the law, the husband is assumed to be the father without needing further proof. However, this presumption can be challenged. For instance, if the husband later discovers evidence (like a DNA test) proving he is not the biological father, he can present this evidence to a court to "rebut" or overturn the initial presumption.

• Example 2: Receipt of Mailed Correspondence

  When a letter is properly addressed, stamped, and placed in the mail, there is a disputable presumption that it was received by the addressee. This presumption helps streamline legal processes by avoiding the need to prove actual receipt every time. If a party claims they never received the letter, they would need to present evidence—such as testimony that they were out of town, or that the mail was returned to sender—to rebut the presumption of receipt.

• Example 3: Competence of Adults

  In legal contexts, every adult is generally subject to a disputable presumption of mental competence. This means that an adult is assumed to have the capacity to understand their actions, make decisions, and enter into contracts. If someone wishes to argue that an adult is not competent (for example, to challenge the validity of a will or a contract), they must present compelling evidence, such as medical evaluations or expert testimony, to rebut this presumption and prove the individual's lack of capacity.