A quick definition of destitutive fact:

A fact is something that is true and exists in reality. It can be a tangible thing, an event, a relationship, or even a state of mind like an opinion. There are different types of facts, such as adjudicative facts that help a court or agency apply the law to a case, or evidentiary facts that are used as evidence in a trial. Dispositive facts can either give or take away rights, while ultimate facts are essential to a claim or defense. It's important to distinguish between private and public facts, and to disclose material facts that may affect insurance coverage.