BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Permitted by law to presume that the other party has the capacity to enter into a contract is
A
Ramification
B
Acceptance
C
Rebuttable presumption
D
Rebuttable
Explanation: 

Detailed explanation-1: -A rule raising a rebuttable presumption is evidently a rule of evidence for the fact that its only effect is to shift the onus of proof. The irrebuttable presumption was created by a rule of substantive law, as it is conclusive and substantive law defines the crimes and set forth punishment.

Detailed explanation-2: -The presumptions of law are in reality rule of law and part of the law itself. In other words presumption of law is one which once the basic fact is proved and no evidence to the contrary has been led, compels a finding of the presumed fact. In fact the presumption Under Section 113B is statutory.

Detailed explanation-3: -What is admitted by a party to be true must be presumed to be true unless the contrary is shown; but before this proposition can be invoked, it must be shown that there is a clear and unambiguous statement by the party such as will be conclusive unless explained.

Detailed explanation-4: -They are of two kinds rebuttable presumptions of law and irrebutable presumptions of law. Rebuttable presumption: These presumptions are based on the certain legal rules which are sufficient to make a prime facie case. It means circumstances under which burden of proof lies on the opposite parties.

There is 1 question to complete.