Legal Dictionary of Pakistan

missing-evidence rule

The doctrine that, when a party fails to present evidence at trial that the party controls and that would have been proper to present, the jury is entitled to infer that the evidence would have been unfavorable to that party."A misrepresentation is fraudulent if the maker intends his assertion to induce a party to manifest his assent and the maker (a) knows or believes that the assertion is not in accord with the facts, or (b) does not have the confidence that he states or implies in the truth of the assertion, or (c) knows that he does not have the basis that he states or implies for the assertion." Restatement (Second) of Contracts § 162(1) (1981).