Existence of course of business when relevant
AI Assist
Summary
When whether a particular act happened depends on what normally happens in a business or routine, proof of that ordinary practice is relevant. If it was the regular course of business to do the act and the specific instance fits that pattern, the practice may be admitted as evidence that the act likely occurred. It is persuasive but not conclusive by itself.
Example
Priya runs a small shop where every outgoing letter is put into a locked tray and the postman collects it daily. A particular letter was later shown to have been placed in that tray on the relevant day. The shop’s regular practice is relevant evidence that the letter was dispatched in the normal course.
Bare Act
Enacted textWhen there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
Illustrations.
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(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant.
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(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant.
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