Also known as: beliefs · reasonable belief
Written by attorneys · grounded in primary & secondary sources — see below
A subjective acceptance by a person that a fact or proposition is true. The acceptance need not rest on objective certainty or complete information. It functions as the mental element that triggers or excuses liability, supports or bars admissibility, or justifies reliance in multiple doctrinal settings.
Brenda Booth signs a complaint denying that her client received certain invoices. She has no documents confirming delivery and states in the filing that the denial rests on her belief formed after reasonable inquiry. The court later finds the denial supported by that belief and declines to impose Rule 11 sanctions.
Brooke Bryant testifies for the prosecution. Defense counsel seeks to introduce evidence that she belongs to a faith that teaches absolute truth-telling. The court excludes the evidence because it would use her religious beliefs to support credibility.
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Brandon Black allows his assistant to use firm letterhead and attend client meetings without correction. A client reasonably believes the assistant is authorized and transfers funds in reliance. Black is held liable for the resulting loss because he carelessly caused the belief.
Boubacar Bah tells a buyer that a painting is probably authentic. The statement expresses only his belief without certainty. The buyer cannot later claim the statement as a warranty of fact.
Belinda Baxter enters land she believes belongs to her neighbor after a survey error. The belief is honest and reasonable yet not induced by the possessor. She remains liable as a trespasser.
Byron Bishop permits a neighbor to build a driveway across his lot. The neighbor invests substantial sums believing the permission is permanent. A court imposes a servitude because the belief was reasonably foreseeable and induced the change in position.
A mistaken belief of law or fact does not relieve a person of liability for intentional entry onto another's land when the belief is not induced by the possessor. Liability attaches regardless of the reasonableness of the belief.
Evidence of a witness's religious beliefs or opinions is inadmissible to attack or support credibility. The rule bars any use of such beliefs for that purpose.
A principal may be bound when a third party reasonably believes an actor has authority because the principal intentionally or carelessly caused that belief and the third party changed position in reliance.
An assertion that expresses only a belief without certainty is treated as an opinion rather than a statement of fact. It therefore does not constitute a misrepresentation of existing fact.
…a pen through some names in the receipt which he returned. Among the commissions returned, to the best of his knowledge and belief, were ones for Colonel Hooe and William Harper. Mr. Lee stated that having proved the existence of the commissions he would confine further remarks to three questions: (1) whether the…