BSA Section 46 — In civil cases character to prove conduct imputed, irrelevant

Summary

In civil cases, the character of a person involved in the case is not considered relevant for the purpose of showing whether that person likely did or did not do the specific act they are accused of. This means you cannot argue that someone probably committed a certain act simply because their general character suggests they would or would not do such a thing.

The only exception is when that person's character is shown through facts that are otherwise relevant to the case. In other words, if evidence of character comes out naturally as part of other relevant facts, then it can be considered, but character alone cannot be used to prove or disprove the conduct in question.

Official Text

In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

Referred to by

• BSA §50 — Character as affecting damages

Old <-> New Code Mapping

• IEA §52 — In civil cases character to prove conduct imputed, irrelevant