Legal Definitions - ipso facto

Ipso facto is a Latin phrase that means "by the fact itself" or "by that very fact." In legal contexts, it describes a situation where a particular consequence or status automatically arises directly from a specific action or fact, without any additional steps, declarations, or proof being necessary. The fact itself is sufficient to bring about the result.

Here are some examples illustrating how "ipso facto" is used:

• Example 1: Contract Breach

  Imagine a software license agreement that explicitly states: "If a user attempts to reverse-engineer or modify the software's source code without written permission, their license to use the software is ipso facto terminated."

  Explanation: In this scenario, the act of unauthorized reverse-engineering or modification automatically and immediately ends the user's license. The software company does not need to send a termination notice or take legal action to revoke the license; the user's prohibited action itself triggers the termination.

• Example 2: Professional Membership

  The bylaws of a national medical association might include a provision stating: "Any member who has their medical license permanently revoked by a state licensing board shall ipso facto lose their membership in this association."

  Explanation: The permanent revocation of a doctor's medical license, as a verifiable fact, automatically results in the loss of their association membership. No separate vote by the association's board or formal expulsion process is required; the license revocation itself is the sole and sufficient cause for losing membership.

• Example 3: Lease Agreement Termination

  Consider a commercial lease agreement for a retail space that contains a clause: "Should the tenant file for bankruptcy, this lease agreement shall be ipso facto terminated."

  Explanation: The tenant's act of filing for bankruptcy automatically and immediately ends the lease agreement. The landlord does not need to issue a notice to quit or initiate eviction proceedings; the bankruptcy filing itself creates that legal consequence, terminating the lease without further action.