Legal Definitions - failure of record

Failure of record refers to a situation in a legal proceeding where a party asserts the existence of an official document or a specific piece of evidence, but then fails to produce that document or prove its existence when required. This inability to provide the necessary proof means their claim or defense, which relies on that record, cannot be substantiated and may be rejected by the court or tribunal.

• Example 1: Contract Dispute

  A software development company sues a client, claiming the client breached a written service agreement. During the legal process, the client's attorney requests a copy of the signed contract. The software company, despite asserting the contract's existence, is unable to locate or produce the original signed document, nor can they provide any official record of its terms or execution.

  This illustrates a failure of record because the company's entire lawsuit hinges on the existence and terms of a specific written contract (the "record"). Their inability to produce this foundational document means they cannot substantiate their claim of breach.

• Example 2: Property Ownership Claim

  An individual claims ownership of a disputed parcel of land, asserting that a specific deed from 1950 granted the property to their ancestors and was duly recorded. When challenged to provide proof of this deed, they cannot find it among their family papers, and a thorough search of the county's official land records also yields no such document matching their description or the claimed recording.

  Here, the individual's claim to the land relies entirely on the existence of an official deed (the "record"). Their inability to produce this deed or demonstrate its official recording constitutes a failure of record, significantly weakening their claim to ownership.

• Example 3: Administrative Appeal

  A restaurant owner appeals a health department fine, arguing that they submitted all required food safety inspection reports on time, as mandated by local regulations. The health department, however, states it has no record of receiving the reports for the specified period. The restaurant owner then attempts to prove submission but cannot produce a dated postal receipt, a confirmation email from the department, or any other verifiable official proof that the reports were sent and received.

  The restaurant owner's defense rests on the "record" of their timely submission. Their inability to provide any verifiable evidence of this submission, despite their assertion, is a failure of record, making it difficult to successfully challenge the fine.