presumptions, classifications of 1. Traditional classifications: (1) presumptions juris et de jure, i.e., drawn by law and in an obligatory manner; inference of fact which cannot be contradicted; (b) Praesumptiones juris sed non jure: inferences of fact which hold good only where there is no contradictory evidence; (c) Praesumptiones facti, i.e., inferences of fact which the court may, but need not, draw from the facts before it. 2. Lord Dennings suggested classification: (a) Provisional, i.e., presumptions of fact; (b) Conclusive, i.e., irrebuttable presumptions of law; (c) Compelling, i.e., conclusions which must be drawn when basic facts are proved unless the other side proves the contrary or proves some other fact which the law recognises as sufficient to rebut the presumption e.g., the presumption of legitimacy. |