What is the precept of Lord Mansfield and what is the effect of it on a trial judge?
British Columbia, Canada
The following excerpt is from Grealy v. Kuntz, 1996 CanLII 3160 (BC CA):
41 The trial judge then dealt with the precept of Lord Mansfield in this passage: The precept of Lord Mansfield to which Sopinka referred was his statement in Blatch v. Archer [(1774), 1 Cowp. 63 at p. 65, 98 E.R. 969 at p. 970] that "It is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted."
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