A material fact is a
fact
A fact is a truth, true data, datum about one or more aspects of a circumstance. Standard reference works are often used to Fact-checking, check facts. Science, Scientific facts are verified by repeatable careful observation or measurement by ...
that a
reasonable person
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts an ...
would recognize as relevant to a decision to be made, as distinguished from an insignificant,
trivia
Trivia is information and data that are considered to be of little value.
Modern usage of the term ''trivia'' dates to the 1960s, when college students introduced question-and-answer contests to their universities. A board game, ''Trivial Purs ...
l, or unimportant detail. In other words, it is a fact, the suppression of which would reasonably result in a different decision.
of a material fact that would cause a party to a
contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
to refrain from entering into the contract may be grounds for
rescission. For example,
misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' 931
Year 931 ( CMXXXI) was a common year starting on Saturday of the Julian calendar.
Events
By place
North Africa
* The Ummayad Caliphate of Córdoba invades and conquers the city of Ceuta, which was ruled by the Berber dynasty Banu I ...
Question of law, statement of fact made during negotiations by one party to another, the statement then in ...
of a material fact on an application for
insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
may give an
insurance company
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
grounds to rescind an
insurance policy
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claim (legal), claims which the insurer is law, legally required to pay. In exchange for an initial ...
.
See also
*
Materiality (law)
Materiality is the significance of facts to the matter at hand.Black's Law Dictionary, 7th ed.
In the law of evidence
An item of evidence is said to be material if it has some logical connection to a fact of consequence to the outcome of a case. ...
*
Material witness
In American criminal law, a material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of ...
References
{{Authority control
Legal terminology