Omnia praesumuntur contra spoliatorem


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Thus, in the circumstances such as existed in Armory, where there was a vacuum, in that there was no evidence at all as to what the stone was, the law filled that vacuum by the use of the maxim omnia praesumuntur contra spoliatorem. Here, however, there is no vacuum.
From this principle, sometimes expressed as omnia praesumuntur contra spoliatorem, it is generally inferred that where a person has committed a wrong upon another's chattel and by his fault deprived the innocent party of the ability to prove its value, the court may resolve the lack of evidence by making any necessary presumption in the innocent party's favour.
Originally, the Latin phrase omnia praesumuntur contra spoliatorem, "all things are presumed against the wrong-doer," dictated the sanctions imposed by courts.
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