A presumption arises from what usually happens.

Explanation

Courts may presume facts based on the ordinary course of events — what commonly occurs is taken as the standard until rebutted by contrary evidence.

Where this applies

• A court presumes that a letter properly addressed and mailed was received by the addressee, because that is what usually happens with properly sent mail.
• A jury is instructed that a person driving well over the speed limit is presumed to have acted recklessly, because excessive speed ordinarily indicates reckless disregard for safety.
• An employer is presumed to have known about workplace hazards in plain view for months, because it is what ordinarily happens that an owner notices obvious conditions on their own premises.

See also

• 9.3.1 All things are presumed to have been done rightly and in due form.