Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter II
16. Existence of course of business when relevant
Feedback & supportWhen 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.
fact
“fact” means and includes— (a) any thing, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious; (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact;
The question is whether a particular letter was despatched.
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.
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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