Legal Definitions - Operative fact

Operative fact

An operative fact is a fact that is crucial in determining a legal question. It is a variable that is used to apply fact-driven rules to arrive at the correct answer.

For example, in a case involving a car accident, the operative facts may include the speed of the vehicles, the weather conditions, and the actions of the drivers. These facts are directly relevant to determining who was at fault and who should be held responsible for damages.

In a case involving a breach of contract, the operative facts may include the terms of the contract, the actions of the parties, and any relevant communications between them. These facts are used to determine whether a breach occurred and what damages, if any, should be awarded.

Operative facts are essential in legal decision-making because they provide the necessary information to apply legal rules correctly. Without these facts, it would be impossible to arrive at a fair and just outcome. The examples illustrate how operative facts are used in different legal contexts to determine liability and damages.