Principle

EVIDENCE LAW — Affidavit Evidence — Denial by Necessary Implication

Area of law
EVIDENCE LAW
Court
Supreme Court

Denial in affidavit evidence need not be express; denial by necessary implication suffices. Facts deposed to that negate the general drift of supporting affidavit are deemed denied. The principle applies to affidavit evidence in all proceedings. The rule prevents technical avoidance of responsive pleading. Courts…

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