Legal Definitions - casus amissionis

Casus amissionis refers to the specific circumstances or events that led to a document being lost or destroyed. Historically, and still relevant today, explaining how a crucial document went missing was essential before a court would permit other evidence to prove the contents of that unavailable document. It provides the necessary explanation for the absence of an original document.

• Example 1: Natural Disaster

  A family's original property deed was stored in a safe deposit box at a local bank. During a severe hurricane, the bank building suffered catastrophic damage, including extensive flooding and structural collapse, which resulted in the complete destruction of all contents within the safe deposit vault.

  This scenario illustrates casus amissionis because the hurricane and subsequent destruction of the bank vault explain the specific circumstances under which the property deed was lost. If the family needed to prove ownership, they would present this explanation for why the original deed is unavailable.

• Example 2: Accidental Destruction

  A small business was undergoing an office renovation and a large volume of old paper records were being digitized and then disposed of. An employee mistakenly placed a critical, active client contract into a shredder bin, believing it was an outdated document slated for destruction.

  This situation demonstrates casus amissionis as the accidental shredding during the office clean-out provides the precise details of how the important client contract was destroyed. This explanation would be vital if the business later needed to prove the terms of that contract without the physical document.

• Example 3: Theft or Unforeseen Loss

  During a cross-country move, a homeowner packed their original will and other important legal papers in a clearly labeled box. Unfortunately, the moving truck was broken into overnight at a rest stop, and several boxes, including the one containing the will, were stolen.

  Here, the casus amissionis is the theft of the box from the moving truck. This event explains the specific circumstances of the will's disappearance, which would be crucial information if the family needed to probate the estate and rely on a copy of the stolen will.