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.
(Dec. 30, 1963, 77 Stat. 636, Pub. L. 88-243, § 1 ; Apr. 27, 2013, D.C. Law 19-299, § 2, 60 DCR 2634 .)
Prior Codifications
2001 Ed., § 28:1-201(31).
Section References
This section is referenced in § 28-4902 .
Editor's Notes
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.”
Uniform Commercial Code Comment
Source: Former Section 1-201(31).
Changes from former law: None, other than stylistic changes.
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.
