Maxim 9.3.5
A presumption stands until the contrary is proved.
Praesumptio donec probetur in contrarium.
Source: Hob. 297; 3 Bl. Comm. 371; Weisman, 89e
Difficulty 1/5 — Foundational
Explanation
Rebuttable presumptions have the force of proof until overcome by competent evidence to the contrary; the party challenging the presumption bears the burden.
Where this applies
- There's a legal presumption in my favor and the other side hasn't overcome it.
- The presumption stands unless they can prove otherwise and they haven't.
- I have the benefit of a presumption and the burden is on them to rebut it.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 9.3.5 — A presumption stands until the contrary is proved. — Hob. 297; 3 Bl. Comm. 371; Weisman, 89e (Praesumptio donec probetur in contrarium.)
Found an error? Suggest a correction →