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.
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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