§ 5.08 SELECTED PRESUMPTIONS

• Jurisdiction: United States

§ 5.08. SELECTED PRESUMPTIONS

There are numerous presumptions. These are a sample:

Agency: (1) a vehicle identified by the name of the carrier on its side and operating on its regular route is presumed driven by an agent of the carrier acting within the scope of employment; (2) a driver of a car occupied by its owner is presumed an agent of the owner; and (3) an automobile driven by a servant is presumed operated within the scope of employment.

Bailments: (1) failure of a bailee to return property is presumed to be negligence; and (2) delivery of goods in good condition to a carrier and subsequent return in damaged condition is presumed to be negligence.

Competency: (1) presumption of continuing incompetency; and (2) presumption of incompetency arises after appointment of guardian.

Consent: a person driving an automobile is presumed to have the owner's consent.

Continuation ofcondition: (1) once a condition is shown to exist, its continuance is presumed; (2) continuation of insanity after adjudication of "not guilty by reason of insanity"; (3) continuation of seaworthiness of a ship; (4) continuation of ownership of property; and (5) continuation of a contract.

Death: a person missing for seven years is presumed dead.

Legitimacy: (1) a child born during marriage is presumed to possess the right to inherit property through the father; (2) a child conceived during...