Legal Definitions - factual presumption

A factual presumption, also known as a presumption of fact, is an inference that a judge or jury can make about the existence of one fact based on the proven existence of other related facts. Unlike a legal presumption, which is mandated by law, a factual presumption arises from common sense, human experience, or the ordinary course of events. It suggests that a certain fact is likely true unless evidence is presented to prove otherwise. These presumptions are generally "rebuttable," meaning they can be challenged and disproven by presenting contrary evidence.

• Example 1: Mail Delivery

  Imagine a business sends an important contract offer to a potential client via standard postal mail, correctly addressed and with sufficient postage. If the client later claims they never received the offer, a court might apply a factual presumption that the letter was, in fact, delivered. This presumption is based on the common experience that mail properly sent usually reaches its destination. However, the client could rebut this presumption by providing evidence, such as a sworn statement that they never saw the letter, or proof that their mailbox was damaged and unable to receive mail during that period.

• Example 2: Possession of Stolen Property

  Consider a situation where a person is found in possession of a valuable antique watch just hours after it was reported stolen from a nearby shop. In a criminal trial, a judge or jury might apply a factual presumption that the person either stole the watch or knew it was stolen. This inference is drawn from the close proximity in time between the theft and the discovery of the watch in their possession. The accused could attempt to rebut this presumption by offering an alternative explanation, such as providing a receipt showing they legitimately purchased the watch from another individual shortly after the theft, unaware of its origins.

• Example 3: Parentage During Marriage

  Suppose a child is born to a married couple. In many legal systems, there is a factual presumption that the husband is the biological father of any child born during the marriage. This presumption reflects the traditional understanding of marital relationships and family structures. If the husband later disputes paternity, he would need to present compelling evidence to rebut this presumption, such as DNA test results proving he is not the biological father, or evidence that he was physically separated from his wife for an extended period during the time of conception.