Legal Question in Business Law in Pennsylvania

eveidence

is a contract direct or circumstantial evidence?


Asked on 4/29/03, 1:08 pm

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: eveidence

Circumstantial evidence refers to that evidence which requires the fact finder to infer a fact. For example, a fingerprint requires the fact finder, the judge or jury, to infer that a person touched an item and was therefore at a certain place at a certain time. Direct evidence is that evidence which, if believed, proves the fact. An example of that is an eye witness. If a witness testifies that they saw the person at that place at that time, all the fact finder must do is believe that witness. There is nothing to infer.

Regarding contracts, if the case involves a breach of the contract, you could say the contract is direct evidence because it is the beginning and end of the case. If the contract is enforceable, the terms of the contract govern the outcome.

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Answered on 4/30/03, 9:21 am


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