Under section 119 of the BSA, the Court may presume that judicial and official acts have been regularly…
Section 119(1) says the Court "may presume" the existence of any fact it thinks likely to have happened, and illustration (e) lists that judicial and official acts have been…
Choose your answer
Under section 119 of the BSA, the Court may presume that judicial and official acts have been regularly performed. Which statement about this presumption is correct?
Answer and explanation
Correct answer D
Section 119(1) says the Court "may presume" the existence of any fact it thinks likely to have happened, and illustration (e) lists that judicial and official acts have been regularly performed. Under section 2(1)(h) the Court may then treat the fact as proved unless disproved or call for proof of it, and it must consider the facts of the particular case. The presumption is neither compulsory nor conclusive, and it covers official as well as judicial acts.
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