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Material fact

Fact whose suppression would result in a different decision


Fact whose suppression would result in a different decision

A material fact is a fact that a reasonable person would recognize as relevant to a decision to be made, as distinguished from an insignificant, trivial, or unimportant detail. In other words, it is a fact, the suppression of which would reasonably result in a different decision.

Falsification of a material fact that would cause a party to a contract to refrain from entering into the contract may be grounds for rescission. For example, misrepresentation of a material fact on an application for insurance may give an insurance company grounds to rescind an insurance policy.

References

References

  1. "Material". Cornell Law School.
  2. "Materiality". Cornell Law School.
  3. (2015-04-21). "The Equitable Remedy of Rescission: A Tool to Defeat Fraud".
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