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NeCede's

Maxim 9.3.13

Presumptions arise from what generally happens.

Source: Post v. Pearsall, 22 Wend. (N.Y.) 425, 475; Weisman, 89a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Presumptions are drawn from the ordinary course of events — what usually happens in similar circumstances provides the basis for inferring what happened in the case at hand.

Where this applies

  • A letter was mailed from the same city as the recipient — the court presumes it was delivered within a day or two because that's what ordinarily happens with local mail.
  • A contract is signed by two businesspeople at a formal meeting — the court presumes both read it before signing, because that's what people generally do in business transactions.
  • A store sells a product in its original sealed packaging — the court presumes the contents match the label, because manufacturers generally put the right product in the right package.

Legal domains

Cite this maxim

NeCede Max. 9.3.13 — Presumptions arise from what generally happens. — Post v. Pearsall, 22 Wend. (N.Y.) 425, 475; Weisman, 89a

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