685. Presumption where merger not beneficial to owner.

685.     Presumption where merger not beneficial to owner.

Where there is no evidence of any actual intention, an intention to keep the charge alive, notwithstanding that it would prima facie merge1, may be presumed where this is for the benefit of the owner2 (for example, where the merger of the charge would let in subsequent charges3, unless the subsequent charges have been created by the owner himself4). The result is in fact based directly on the advantage to the owner, but technically it is based on the presumed intention5.