Legal Definitions - Operative fact

An operative fact is a specific piece of information, an event, or a condition that is essential for a legal rule to apply or for a particular legal outcome to be determined. These are the crucial facts that, when present, activate a legal right, duty, or consequence. Without these particular facts being established, a legal question might be answered differently, or a different set of legal rules might come into play.

• Example 1: Forming a Contract

  Imagine a situation where a homeowner offers to sell their antique dining table to a neighbor for $1,000, and the neighbor explicitly agrees to buy it for that price. The homeowner then changes their mind and refuses to sell.

  Here, the homeowner's offer to sell at a specific price and the neighbor's clear acceptance of that offer are the operative facts. These facts are crucial because, under contract law, they establish that a binding agreement was formed. If either the offer or the acceptance were missing or unclear, a court might determine that no contract existed, and the neighbor would not have a legal right to enforce the sale.

• Example 2: Proving Negligence

  Consider a scenario where a driver, distracted by their phone, runs a red light and collides with another vehicle, causing significant damage and injury to the other driver.

  In a lawsuit for negligence, the operative facts would include the distracted driver's failure to stop at a red light (a breach of their duty of care), the collision with the other vehicle, and the resulting damage and injuries. These facts are operative because they are the necessary elements that, when proven, allow a court to conclude that the distracted driver was negligent and is legally responsible for the harm caused. If, for instance, there were no injuries or damage, a key operative fact would be missing, and a negligence claim would likely fail.

• Example 3: Eligibility for a Government Benefit

  Suppose a person applies for unemployment benefits after losing their job.

  The operative facts for determining eligibility might include the applicant's involuntary job loss, their active search for new employment, and their having worked a minimum number of hours or earned a certain amount of wages within a specified period. These are operative facts because they are the specific criteria established by law that, when met, trigger the legal right to receive unemployment benefits. If the applicant voluntarily quit their job or did not meet the minimum work requirements, those facts would prevent the legal rule for granting benefits from applying.