In cases of doubt, the more generous and more favorable presumptions are to be preferred.

Explanation

Where the facts permit more than one inference, the law prefers the presumption that is more generous and more favorable to the party, rather than the harsher one. (Duplicate maxim — see also 9.3.12.)

Where this applies

• In doubtful cases, the most generous and favorable presumption should be used.
• When the facts allow multiple inferences, choose the more favorable one.
• The kinder presumption is always preferred when doubt exists.

See also

• 9.3.12 When doubts arise, the most generous and benign presumptions are to be preferred.
• 12.4.1 In doubtful cases, the more favorable construction is to be preferred.
• 12.4.3 In doubt, the gentler or safer course is to be followed.