Legal Definitions - divestitive fact

A divestitive fact is a type of operative fact that results in the loss of legal rights that were previously held. This means that something happens that takes away a right that someone had before.

• When a person is convicted of a crime, they may lose their right to vote or own a gun. This is a divestitive fact because they are losing a legal right they previously had.
• In Bailey v. Iowa Beef Processors Inc., the plaintiff lost their job due to a merger between two companies. This was a divestitive fact because they lost their legal right to employment with the company.

These examples illustrate how a divestitive fact can result in the loss of legal rights. In both cases, the individuals had a right that was taken away due to a specific event or circumstance.