Which finding satisfies the belief limb of the definition of disproved in BSA section 2(1)(c), after…
Disproved includes the finding that "The Court believes the fact does not exist", as well as the prudent-person threshold of probable non-existence. "The Court remains…
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Which finding satisfies the belief limb of the definition of disproved in BSA section 2(1)(c), after the Court considers the matters before it?
Answer and explanation
Correct answer A
Disproved includes the finding that "The Court believes the fact does not exist", as well as the prudent-person threshold of probable non-existence. "The Court remains undecided whether the fact exists" describes a fact that is neither proved nor disproved, which is not proved under section 2(1)(i), and "The asserting party merely failed to prove the fact" and "The asserting party merely offered no evidence" do not necessarily establish non-existence.
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