In the law, what is a 'material fact' and what is its importance?

Answer 1

A material fact is defined as:

A fact that would influence the mind of a prudent insurer in deciding whether to accept a proposed insurance and, if so, on what terms.

A material fact is any fact or circumstance that which would affect the judgement of an insurer in considering:

1. whether or not to accept the risk
2. if willing to accept the risk, at what rate of premium and on what terms and conditions.

For example: if you look at motor insurance, a speeding conviction is a material fact as it could influence the rating of a risk.

Facts that lessen the risk do not need to be disclosed, only risks that would make the chance of a claim higher.

For example: if you have professional indemnity insurance and you forget to disclose a degree in IT, that could lessen the risk so an insurance company would not need to know.

Some material facts do not need to be disclosed:

* facts of law;
* facts of public knowledge;
* facts that lessen the risk;
* facts where the insurer has waived its rights;
* facts that a survey should have revealed; and
* facts that the insured does not know.

Answer 2

Every crime, and almost every tort, are composed of elements. These are specific things that you need to prove. For example, the old common law tort of burglary has the following elements: (1) breaking and (2) entering into (3) the dwelling house [used for sleeping] of (4) another person (5) at night (6) with the specific intent to commit (7) a criminal act that is a felony or theft (8) once inside.

Each of those elements would need to be proven. A material fact is one that makes the proof of one or more of those elements more or less likely. So, the time of day is a material fact. So is the ownership of the building, how it is used, etc. The defendant's height or hair color is not material, except if used to identify the defendant.

In other cases, such as factor-based torts, breach of contract, and other civil disputes, a material fact is anything that has a significant effect on the outcome. So, for trademark violation, the date of prior use in commerce would be material. So would the knowledge by one party of other prior use.

What specific facts are material (versus collateral) to any given case depends on the situation, the claims and defenses, and the applicable law.

Answer 3

Material fact means a fact about a solid proof in favour or against, which cannot be denied to be taken in to account while making a judgement of the case against the person, so charged.

Answer 4

A "material fact" is a fact that is relevant, or "material" to the issue at hand. For example:

In a murder case, it is a "material fact" that the defendant made threats to the victim an hour before the murder.

It is fact that 1 inch=2.54 cm, but it is not a "material fact" to the murder case..

Answer 5

Material facts are things which are relevant to the case and can be proven. Immaterial facts are not related according to the court.