Also known as: by the fact
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase denoting action accomplished by force or in a forcible manner.
Select any source to read its text and confirm it supports the definition.
Viola Volkov and Victor Vargas shook hands on all material terms for a supply deal during a tense meeting. When Victor later tried to back out by claiming they still needed a formal writing, the court held the manifestations of assent sufficient to bind them. The agreement took effect via facti despite the expressed desire for a memorial.
Vivian Velez discovered Virgil Vaughn mistakenly entering her fenced lot believing he held an easement. She used reasonable physical force to remove him. The privilege to defend possession applied via facti even though Virgil's belief was reasonable.
Veronica Villanueva provoked Virgil Volpe into a confrontation that caused her injury. The court awarded full compensatory damages via facti because provocation does not reduce the amount needed to make the victim whole.
Vega Motors and Vista Manufacturing both contributed to a single harm. One defendant enjoyed an absolute privilege, yet the other remained fully liable via facti under the rule that immunity of one tortfeasor does not relieve the other.
A sheriff seized property in State A to satisfy a judgment against a nonresident defendant. The court upheld jurisdiction via facti because the physical taking of assets within the forum supplied the necessary basis for the action.
A defendant was served with process after being physically brought into the forum state against his will. The court found no jurisdiction via facti because the forcible presence alone did not create the purposeful contacts required for due process.
It means by force or in a forcible way, as stated in the standard legal dictionary definition.
…historic landmark is not harmful. The suggestion that the beneficial quality of appellants’ proposed construction is established by the fact that the construction would have been consistent with applicable zoning laws ignores the development in sensibilities and ideals reflected in landmark legislation like New York City’s. Cf.…