Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
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.Illustrations (a) 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 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 are relevant.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(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.