Under BSA section 119, what is the nature of the court’s general factual inferences from natural…
Section 119 uses "may presume", and under section 2(1)(h) the court can treat a fact as proved unless disproved or call for proof, so these inferences are "Discretionary,…
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Under BSA section 119, what is the nature of the court’s general factual inferences from natural events, human conduct and business?
Answer and explanation
Correct answer A
Section 119 uses "may presume", and under section 2(1)(h) the court can treat a fact as proved unless disproved or call for proof, so these inferences are "Discretionary, with attention to the circumstances of the case". This differs from a mandatory rebuttable presumption and from "Conclusive and incapable of rebuttal".
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