Legal Definitions - evidential fact

An evidential fact is a piece of information or a circumstance that, while not the main point to be proven in a legal case, helps to establish or disprove another, more central fact. It acts as a building block of evidence, supporting an inference or conclusion about a key issue. Essentially, it's a fact that serves as evidence for another fact.

• Example 1: Proving a Business Agreement

  Imagine two companies, Alpha Corp and Beta Ltd, are in a dispute. Alpha Corp claims Beta Ltd breached a verbal agreement to supply a specific software component. The central fact to be proven (the "fact in issue") is whether such a verbal agreement existed.

  An evidential fact in this scenario could be a series of text messages between the project managers of both companies, discussing the specific features of the software component, the agreed-upon price, and a delivery timeline. These messages don't constitute the agreement itself, but they are strong evidence (evidential facts) that the parties had indeed discussed and agreed upon the terms, thereby supporting Alpha Corp's claim that a verbal agreement was made.

• Example 2: Establishing Identity in a Theft Case

  Consider a situation where a valuable painting was stolen from an art gallery. The police suspect a particular individual, Mr. Davies, but need to prove he was the one who committed the theft (the "fact in issue").

  An evidential fact could be a receipt found in Mr. Davies's apartment for a unique type of paint thinner, which forensic analysis later matches to residue found near the empty frame at the gallery. The receipt itself doesn't prove Mr. Davies stole the painting, but it is an evidential fact that links him to a specific item used in connection with the crime scene, thereby helping to establish his potential involvement.

• Example 3: Demonstrating Negligence in a Car Accident

  Suppose Ms. Chen is suing Mr. Rodriguez for damages after a car accident, claiming Mr. Rodriguez was driving negligently. The "fact in issue" is whether Mr. Rodriguez's negligence caused the accident.

  An evidential fact could be a witness statement from an independent bystander who saw Mr. Rodriguez's car swerving erratically and speeding significantly just moments before the collision. The witness's observation doesn't directly prove negligence, but it is an evidential fact that supports the claim that Mr. Rodriguez was driving carelessly, contributing to the accident.