- In the context of civil procedure, a general issue of material fact references an actual, plausible issue of fact that must be decided by a jury or judge. Because the issue is relevant and consequential, an issue of material fact precludes summary judgment.
- In the context of trial and the Federal Rules of Evidence, material is often synonomous with evidence.
- In the context of contract law, material is a description frequently attributed to an important contractual provision or stipulation that would alter the contract performance.
- For example, a material breach of contract describes a court finding similar to that of lack of substantial performance of the contract. In the example of a lack of substantial performance, this material breach would lead to a damages possibly in the form of reliance damages in favor of the non-breaching party.
- A material breach, and factors for determining one, is also defined in the Restatement Second of Contracts § 241:
- Depriving a benefit from the injured party which was reasonably expected.
- The extent to which the injured party can be adequately compensated for the benefit not receive.
- The extent to which the party failing to perform will suffer forfeiture.
- The likelihood that the party failing to perform will fix his or her failure.
- The extent to which the failing party is acting in standards of the implied covenant of good faith and fair dealing.
[Last updated in July of 2020 by the Wex Definitions Team]