Legal Definitions - provable

Provable describes something that can be established as true, factual, or valid through the presentation of sufficient evidence or logical argument.

In a legal setting, for a claim, fact, or assertion to be considered "provable," there must be a way to demonstrate its validity to a court, jury, or other legal authority. This typically involves presenting various forms of evidence, such as documents, witness testimony, physical objects, or expert opinions, to convince the decision-maker of its truth.

• Example 1: A Breach of Contract

  A small business owner claims that a software developer failed to deliver a custom application by the agreed-upon deadline, causing significant financial losses. For this claim to be provable, the business owner would need to present evidence such as the signed contract outlining the delivery date and specifications, email communications showing delays and unfulfilled promises, and financial records demonstrating the lost revenue or additional costs incurred due to the delay.

  How this illustrates "provable": The business owner isn't just making an assertion; they are gathering concrete evidence (contract, emails, financial records) that can be presented to a court to demonstrate the truth of their claim about the developer's failure and the resulting damages.

• Example 2: A Personal Injury Claim

  Following a slip-and-fall accident in a grocery store, an individual seeks compensation for their medical expenses and lost wages. Their claim that the store's negligence caused their injury and subsequent losses must be provable. This would involve presenting evidence like medical records detailing the injuries and treatment, photographs of the hazardous condition (e.g., a spill without a warning sign), witness statements from other shoppers, and pay stubs or employer letters to verify lost income.

  How this illustrates "provable": The injured individual must provide tangible evidence (medical documents, photos, witness accounts, financial records) that can convince a court or insurance company that the store was at fault and that the claimed injuries and financial impact are real and directly resulted from the incident.

• Example 3: Ownership of Intellectual Property

  An artist accuses a large corporation of using their unique design without permission or compensation. For the artist's claim of copyright infringement to be provable, they would need to show evidence of their original creation, such as dated sketches, digital timestamps of their design files, registration with the copyright office, and clear examples of the corporation's unauthorized use of the design in their products or marketing materials.

  How this illustrates "provable": The artist's assertion of ownership and infringement isn't enough; they must provide verifiable documentation and comparisons that can demonstrate to a legal body that they created the design first and that the corporation copied it without authorization.