Evidence Act · 2014 Revised Edition · Chapter II
Section 16
Official textFrom Attorney General's Chambers, unchanged
When 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) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (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. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Illustrations
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 is was posted in due course and was not returned through the Dead
Letter Office, are relevant.
Admissions and confessions
Terms defined in s 3
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (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. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Part II
On proof
Chapter III
Chapter IV
Chapter V
Chapter VI
Part III