In this digital age of document storage, management and retention, a lost, misplaced or inadvertently destroyed contract may seem difficult to imagine. But no system is foolproof and humans are, of course, susceptible to error. Though a lost contract may seem like a disaster in the moment, it does not necessarily spell defeat for litigating contract-based claims. How a party advances or responds to evidentiary arguments in these unfortunate but perhaps not-all-that-unusual circumstances could make all the difference.