Legal Definitions - failure of proof

Definition: Failure of proof occurs when a party in a legal case fails to provide evidence that is necessary to support their claim or defense.

For example, if a plaintiff in a personal injury case fails to provide medical records or testimony from a doctor to prove their injuries, they may experience a failure of proof. This means that they have not met their burden of proof and may not be able to win their case.

Another example of failure of proof is when a seller is unable to prove that they have a good claim to the property they are selling. This is known as a failure of title and can result in the sale falling through.

Overall, failure of proof is a crucial concept in legal cases as it can determine the outcome of a case. If a party cannot provide sufficient evidence to support their claim or defense, they may not be successful in their case.