Negative - Definition - Law Dictionary Home Dictionary Definition negative

Definition :

Negative. In general a negative cannot be proved or testified by witnesses, 2 Inst. 662. But this rule does not apply where one party charges another with a culpable omission or breach of duty; in such a case the person who makes the charge is bound to prove it, though it may involve a negative, for it is one of the first principles of justice not to presume that a person has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative.

In summary proceedings any exception, etc., may be proved by the defendant, but need not be negatived in the information, Summary Jurisdiction Act, 1879, s. 39 (2); 1 Phil. Evid. c. vii., s. 4. [Or. 14, r. 6, CPC].