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Legal Definitions - destitutive fact

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Definition of destitutive fact

A destitutive fact is a type of fact that causes the loss of rights or modifies a legal relation. It is also known as a divestitive or ablative fact. For example, if a person sells their car to someone else, that is a destitutive fact because it modifies the legal relation between the two parties, with the seller losing their right to the car and the buyer gaining it.

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Simple Definition

A fact is something that is true and exists in reality. It can be a tangible thing, an event, a relationship, or even a state of mind like an opinion. There are different types of facts, such as adjudicative facts that help a court or agency apply the law to a case, or evidentiary facts that are used as evidence in a trial. Dispositive facts can either give or take away rights, while ultimate facts are essential to a claim or defense. It's important to distinguish between private and public facts, and to disclose material facts that may affect insurance coverage.
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