Legal Dictionary of Pakistan

conflicting presumption

One of two or more presumptions that would lead to opposite results. - Also termed inconsistent presumption. "'Conflicting presumptions' are simply two ordinary presumptions that would give opposite results; usually they are really successive presumptions. E.g., where A proves himself to be the son of N, wife of M, but M and N were already separated, and later M married P, and had a son B, the later marriage of M might presume a prior divorce from N before separation to make it valid, and yet the birth of A from a married mother might be presumed legitimate, and thus the question whether A or B was the legitimate son would be attended by opposing presumptions. But in this aspect the doctrine of presumptions is clouded with difficulties and leads to much vain speculation and logical unreahsm." John H. Wigmore, A Students' Textbook of the Law of Evidence 454 (1935).