BSA Section 14 — Existence of course of business when relevant

Summary

When the question before a court is whether a particular act was done, any evidence about the usual way of doing business that would naturally have included that act is relevant. In other words, if the act fits into a regular, established routine, that routine can be used as a fact to help decide whether the act actually happened.

Illustration (a): If the question is whether a specific letter was sent, it is relevant to show that the ordinary practice was for all letters placed in a certain spot to be carried to the post, and that this particular letter was placed in that spot.

Illustration (b): If the question is whether a specific letter reached the person it was addressed to, it is relevant to show that the letter was posted in the normal way and was not sent back through the Return Letter Office.

Official Text

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.

Illustrations.

(a) The question is, whether a particular letter was dispatched. 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.

(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant.

Old <-> New Code Mapping

• IEA §16 — Existence of course of business when relevant