It is and yet the legal system is busy with these sorts of proves all the time. e.g. if you have a professional insurance and caused some damage by mistake - that's covered, if you cause damage deliberately - it's not.
It is and yet the legal system is busy with these sorts of proves all the time. e.g. if you have a professional insurance and caused some damage by mistake - that's covered, if you cause damage deliberately - it's not.