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NeCede's

Maxim 7.7.17

A wrong is not presumed.

Source: Co. Litt. 232; 3 Inst. 23; Weisman, 105n Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law does not presume wrongdoing — in the absence of evidence, every man's conduct is presumed to be lawful and honest.

Where this applies

  • When a contract is properly signed by both parties, the court assumes it was executed lawfully and does not presume fraud unless evidence is presented.
  • A will that appears valid on its face is not presumed to have been forged — the person challenging it must prove the forgery.
  • A business transaction completed between two adults is presumed to be honest until someone provides evidence of wrongdoing.

Legal domains

Cite this maxim

NeCede Max. 7.7.17 — A wrong is not presumed. — Co. Litt. 232; 3 Inst. 23; Weisman, 105n

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