Existence of course of business when relevant
AI Assist
Summary
Regular, repeat business practices can be admitted as evidence to show a particular act likely happened. When a disputed act would normally occur in the ordinary course of business, that course of business is a relevant fact. It helps infer the act even if no one directly saw it happen.
Example
Priya runs an electronics shop and every afternoon she drops customer return letters in a tray the courier collects. A buyer says Priya never sent the return notice. The shop's regular practice of putting such letters in that tray is relevant evidence that the notice was dispatched.
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
- (a) The question is, whether a particular letter was dispatched.
The fact 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.
(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 Dead Letter Office, are relevant.
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