Presumptions.
Whenever this subtitle creates a presumption with respect to a fact, or provides that a fact is presumed, the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. 1. Several sections of the Uniform Commercial Code state that there is a “presumption” as to a certain fact, or that the fact is “presumed.” This section, derived from the definition appearing in former Section 1-201(31), indicates the effect of those provisions on the proof process. Changes from former law: None, other than stylistic changes. Source: Former Section 1-201(31).
Annotations
Dec. 30, 1963, 77 Stat. 636, Pub. L. 88-243, § 1 Apr. 27, 2013, D.C. Law 19-299, § 2, 60 DCR 2634 The 2013 revision of this article deleted former § 28:1-206. Former § 28:1-206 concerned a statute of frauds for kinds of personal property not otherwise covered, was derived from Dec. 30, 1963, 77 Stat. 636, Pub. L. 88-243, § 1; Apr. 9, 1997, D.C. Law 11-240, § 3(c), 44 DCR 1087. The other articles of the Uniform Commercial Code make individual determinations as to requirements for memorializing transactions within their scope, so that the primary effect of former Section 1-206 was to impose a writing requirement on sales transactions not otherwise governed by the UCC. Per the official commentary appearing under § 28:1-206: “Deletion of former Section 1-206 did not constitute a recommendation as to whether such sales transactions should be covered by a Statute of Frauds; rather, it reflected determination that there was no need for uniform commercial law to resolve that issue.” 2001 Ed., § 28:1-201(31). This section is referenced in § 28-4902.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.