material fact


Also found in: Financial.

material fact

[mətir′ē·əl]
Etymology: L, materia, matter, factum
1 (in law) a fact that establishes or refutes an element essential to the complaint, charge, or defense. The presence of a material fact in a case being tried precludes granting of a summary judgment.
2 a fact that would be important to a reasonable person in deciding whether to engage in a transaction or not.
References in classic literature ?
He had likewise, as we have observed, omitted many material facts in his present relation.
If nothing is added to the material facts so far established, I fear that the mystery which surrounds the abominable crime of which Mademoiselle Stangerson has been the victim will never be brought to light; but it is to be hoped, for the sake of our human reason, that the examination of the walls, and of the ceiling of The Yellow Room --an examination which I shall to-morrow intrust to the builder who constructed the pavilion four years ago--will afford us the proof that may not discourage us.
Jansenius and the general mob of mankind with nothing but a grovelling consciousness of some few material facts, she felt in herself an exquisite sense and all-embracing conception of nature, shared only by her favorite poets and heroes of romance and history.
Of course, it was a case of conscience, but the material facts such as these brought about the solution.
1 Failing to Disclose a Material Fact to a Third Party; 4.
Laborers District Council Construction Industry Pension Fund, the Supreme Court agreed in a ruling that a "sincere statement of pure opinion is not an 'untrue statement of material fact,' regardless whether an investor can ultimately prove the belief wrong.
The 51-year-old, of Barley Fields, Bartonunder-Needwood, near Lichfield, faces two counts of carrying on a regulated activity without being an authorised or exempt person, contrary to the Act, and six of dishonestly concealing a material fact.
The district court held that summary judgment was precluded by a genuine issue of material fact as to whether conditions during the state prisoner's incarceration in a prison unit, which included frequent temperatures into the 100's and insufficient ventilation, and which allegedly had a negative effect on the prisoner's personal health, constituted a denial of the minimal civilized measure of life's necessities.
The carrier said the announcement of this material fact was made to inform its shareholders and the market in general in compliance with CVM Instruction 358/2002.
The court held that summary judgment was precluded by genuine issues of material fact as to whether the employee violated a detainee's due process right to bodily integrity, and whether a detainee suffered emotional distress so severe that no reasonable person could be expected to endure it, as the result of a sexual assault by the employee.
A material fact is one that would influence the judgement of a prudent insurer in fixing the premium or determining whether he will accept the risk.
It is unclear, however, whether the existence of a registered sex offender is a material fact that must be disclosed.

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