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Important; affecting the merits of a case; causing a particular course of action; significant; substantial. A description of the quality of evidence that possesses such substantial Probative value as to establish the truth or falsity of a point in issue in a lawsuit.

A material fact is an occurrence, event, or information that is sufficiently significant to influence an individual into acting in a certain way, such as entering into a contract. In formal court procedures, a material fact is anything needed to prove one party's case, or tending to establish a point that is crucial to a person's position.

A material issue is a question that is in dispute between two parties involved in litigation, and that must be answered in order for the conflict to be resolved.

A material witness is a person whose testimony is a necessary element of a lawsuit. An individual who is considered a material witness can be compelled to appear in court and provide testimony. In the event that the person's safety is endangered as a result of his or her planned or actual testimony, he or she may be given legal protection or held in Protective Custody.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


adj. 1) relevant and significant in a lawsuit, as in "material evidence" as distinguished from totally irrelevant or of such minor importance that the court will either ignore it, rule it immaterial if objected to, or not allow lengthy testimony upon such a matter. 2) "material breach" of a contract is a valid excuse by the other party not to perform. However, an insignificant divergence from the terms of the contract is not a material breach.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
marketplace for used materials, just as there is for primary commodities like wood pulp and plastic resins.
In this paper we extend the discussion by updating the Grilli-Yang series to 1991, which enables us to focus more closely on the recent behaviour of the relative price of primary commodities. A graph of the series appears in Fig.
Since most primary commodities are traded internationally, producers (merchants) are confronted with simultaneous uncertainty, in price and in the exchange rate.
It is quite true that, in general, the industrially advanced capitalist countries of the North specialise in the production of manufactures of high technology which are capital-intensive; and the South in general specialises in the production of agricultural or primary commodities. The developing societies also happen to be at different stages of development.
While the share of primary commodities is on the decline, the shares of semi-manufactures and manufactures are on the increase.
The economy of Pakistan is agrarian and agriculture sector still contributes directly a lion share of 20 percent to gross domestic product in addition to indirect contribution in terms of exports of primary commodities. But construction of dams for water conservation had been excluded from the priorities of development expenditure over the past five decades.
Among primary commodities, cotton yarn exports dipped by 15.44pc, yarn other than cotton by 3.23pc, raw cotton 71.84pc whereas made-up articles excluding towels increased by 1.26pc and tents, canvas and tarpaulin gained 3.49pc in value during the period under review.
In the category of primary commodities, exports of cotton yarn witnessed a year-on-year increase of 4.5% while those of yarn other than cotton recorded a rise of 7.67%.
In the category of primary commodities, exports of cotton yarn witnessed a growth of 5.4 percent and exports of yarn other than cotton recorded a rise of 10.30 percent.
Low-income countries depend heavily on just few commodities for the bulk share of their export earnings while commodity price fluctuations directly affect the incidence of poverty as the vast majority of the poor depend on primary commodities for their livelihoods.
Uncertainties are particularly pronounced in respect of movements in prices of oil and other primary commodities in the world market, geopolitical risks and divergent monetary policies of the leading central banks.