Legal Definitions - statement of fact

A statement of fact is any communication or conduct that asserts or implies the existence or non-existence of a particular truth. This includes not only direct declarations about what is true or what has happened, but also expressions of opinion that inherently rely on underlying facts. Essentially, it's about conveying something as being objectively real or verifiable, even if that reality is suggested rather than explicitly stated.

• Example 1: Direct Assertion in Testimony

  During a trial, a witness testifies, "I saw the defendant leave the building at precisely 3:15 PM."

  Explanation: This is a direct statement of fact because the witness is asserting a specific event (the defendant leaving) occurred at a precise time, which is presented as an observable and verifiable truth. It's a clear declaration about what the witness claims to have seen.

• Example 2: Implied Fact from an Opinion

  A mechanic, after inspecting a car, tells the owner, "Your brakes are completely worn out and unsafe."

  Explanation: While "unsafe" might seem like an opinion, it's a statement of fact because it implies specific underlying factual conditions. The mechanic is asserting that the brake pads have reached a certain physical state (worn out) that objectively fails to meet safety standards, which is a verifiable condition based on observation and measurement.

• Example 3: Implied Fact from a Product Label

  A company advertises its bottled water with the label "Sourced from Pristine Mountain Springs."

  Explanation: This label is a statement of fact. It asserts that the water originates from a specific type of natural source (pristine mountain springs) and implies that it has not been significantly processed or sourced from other locations like municipal water supplies. This claim is verifiable and relies on factual conditions about the water's origin and treatment.