What Does the Word Material Mean in Legal Terms
An essential question is one that must be answered when two parties are in dispute and involved in a dispute. For the dispute to be resolved, the question must be answered. Buried in the broader discussion of the meaning and application of the term «significant adverse effects» in the recent decision of the Delaware Court of Chancery, Channel Medsystems, Inc. v. Boston Scientific Corp., CA No. 2018-0673-AGB, 2018 WL 4719347 (Del Ch. December 18, 2019), lies the meaning of the term «material» when used in other contexts in an acquisition agreement. As mentioned in our previous article on the Channel Medsystems decision,[1] Chancellor Bouchard has definitively confirmed what all business professionals and their lawyers should know about the meaning of the three-word phrase «significant negative impact»: whatever that may mean in other contexts, in the context of acquisitions, This means much more than just that a significant negative impact has occurred on the acquired business. Instead, it has the importance attributed to it by the Delaware precedent, i.e. an impact that «significantly threatens the overall profit potential of the target company significantly on an ongoing basis.» Regardless of the significance, significance or consequences of the adverse event, a «significant adverse effect» exists only if this jurisprudential definition is met. [2] A material fact is an event, event or information that is important enough to induce a person to act in a certain way, such as entering into a contract. In formal legal proceedings, a substantial fact is all that is necessary to prove a party`s case or to tend to establish a crucial point for a person`s position.
Legal contracts and litigation often have their own language, which can be difficult to understand for someone who is not familiar with legal terminology. The term «legal language» may be useful as an abbreviation when lawyers communicate with each other, but some terms are incomprehensible to the layman. In some legal contexts, «substantive law» refers to any law that regulates materials. These are partly defined by law as «dredged materials, solid waste, incineration residues» and so on. In this case, substantive law refers to the laws and regulations that govern the storage and disposal of materials that are normally hazardous. An important witness is a person whose testimony is a necessary part of the dispute. A person who is considered an important witness may be compelled to appear and testify in court. In the event that the security of the person is threatened by his or her intended or actual testimony, he or she may be protected by law or placed in preventive detention. A key question is one that is disputed between two parties to a dispute and must be answered in order for the conflict to be resolved. relevant and significant adj. In litigation, «substantial evidence» is distinct from any irrelevance or importance so minor that the court ignores it, declares it irrelevant if it is objected to, or does not permit lengthy testimony on such an issue.
A «material breach» is a valid excuse by the other party for not complying. However, an insignificant deviation from the contractual conditions does not constitute a material breach of contract. In Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL, 2018 WL 4719347 (Del Ch. Oct. v. Holly Corp., No.
Civ. 20502, 2005 WL 1039027 (Del Ch. 29 April 2005). In Frontier Oil, Vice-Chancellor Noble found that an undisclosed indemnification agreement that held Frontier directly liable for matters that were the subject of certain «threats of litigation» was not an essential contract for the purposes of establishing a breach of a warranty made by Frontier with respect to the existence of material contracts. He did so because (using the meaning of the phrase «affects the decision» of material) the risk that liability would arise from such a threat of litigation and thus implied that the compensation at the time of the warranty was too uncertain to be «material», although it later turned out that the actual litigation was larger and potentially more effective. [9] However, it is difficult to imagine that the existence of such compensation would not have been considered «material» in the sense of «significant enough to merit attention», since the existence of the threat of litigation was identified as potentially problematic and it was presumed to be hosted in a separate subsidiary of Frontier without the existence of the indemnity agreement. Here`s everything you need to know about substantive law and how it can benefit you. Sometimes the vague «material» if not ambiguous[10] is all you can get and can be good enough (but at least be aware that the term is fraught with uncertainty). Important; more or less necessary; have an influence or effect; go to the bottom; have to do with matter, as opposed to form. An allegation is essential if it constitutes a substantial part of the case presented in the written pleadings. The evidence presented in a case or issue is essential if it is relevant and relates to the material issues in dispute or if it has a legitimate and effective influence on the outcome of the case. Substantive law is very important for the continued health of our planet and the people who live on it.
These laws aim to regulate the use of hazardous materials to prevent pollution that harms the environment and causes property damage and health problems to people nearby. Companies that violate substantive law can be subject to heavy fines. Sometimes the material is used interchangeably with the evidence. In this case, substantive law may refer to any object, fact or statement that may serve as evidence in a court. In other situations, physical evidence is a term used to separate relevant evidence from information that is only marginally related to a case and that the jury may ignore. When we use the word «material» as an adjective in ordinary writing, such as «a significant event occurred yesterday,» we generally mean that the noun («event») modified by the adjective («material») has a real meaning, importance, or consequence, that is, not a normal ordinary event. But «material» is one of those English words that has several meanings depending on the context. When Madonna proclaimed in her 1985 song «Material Girl» that «we live in a material world and I`m a material girl,» her singing personality didn`t mean that she lived in a world that was meaningful compared to other possible worlds and that she was an important woman in that world.