The material law definition explains that material law is a type of representation made to an individual with the goal of getting that person to enter into and agree to a contract that the person would not have normally done without that representation.

About Material Law

When an allegation is made, it is said to be material when it forms a substantive part of the presented case. Material indicates it has to do with the matter. It has influence or is effective, is going to have merit, and is more or less necessary. The evidence offered in a cause or a question is considered material when relevant and goes to the heart of the matter in a dispute or either has a legitimate influence on the decision rendered in the case.

Material Fact

A material fact can be one of three things:

  • An occurrence.
  • An event.
  • Information.

Each must be significantly sufficient to influence someone to act in a certain way. This would include entering into a contract. When formal court proceedings are underway, material facts can be anything necessary for proving one party's case or establishing a point crucial to an individual's position.

Material Issue

A material issue is a question that must be answered when two parties are in dispute and involved in litigation. For the dispute to be resolved, there must be a response to the question.

Material Witness

During a lawsuit, a material witness is someone whose testimony is a vital part of the proceedings. Material witnesses can and will be compelled to appear and provide testimony in court. If there is any indication that the individual's safety is in jeopardy and they may be in danger due to actual testimony or planned testimony, legal protection or protective custody will be provided.

Material Breach

When there is a valid reason for one party not to perform their part of a contract, that is considered a material breach of the agreement. If one party deviates slightly or insignificantly from the terms of the contract, that is not considered a material breach.

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