Ad factum praestandum is a legal term that denotes “for the execution of a specific action.” In Scots law, it pertains to a duty to perform something other than monetary payment, such as delivering a sold item. This duty must be fulfiled rigorously. It differs from a debtor’s obligation to repay a debt, which is not classified as ad factum praestandum. This form of obligation is for the execution of an action that the obligant possesses the ability to carry out.
Ad factum praestandum is a legal term that denotes the requirement to perform a specific action, rather than providing monetary compensation. This obligation must be fulfiled precisely, such as delivering a sold item like a vase. For instance, when a person sells a car, they are obligated to transfer ownership to the buyer, and cannot simply offer money instead. Similarly, when a landlord rents out an apartment, they must ensure a safe and habitable living space for the tenant, and cannot substitute money for necessary repairs. These examples exemplify how ad factum praestandum pertains to the fulfilment of a specific action, rather than monetary payment. The obligant must adhere strictly to their obligation as agreed upon, without substituting money or any other alternative.
Ad Factum Praestandum is a Latin term that translates to “to perform the act.” It refers to a legal concept where a party is required to fulfill a specific obligation or perform a certain act.
Ad Factum Praestandum can be used when there is a breach of contract or when a party fails to fulfill their obligations as agreed upon in a contract.
The remedies available under Ad Factum Praestandum include specific performance, where the court orders the party to fulfill their obligations, and damages, where the non-breaching party is compensated for any losses suffered due to the breach.
Ad Factum Praestandum can generally be used in all types of contracts, but it is more commonly used in contracts involving unique or specific goods or services that cannot be easily replaced.
The court considers factors such as the nature of the contract, the availability of alternative remedies, the feasibility of enforcing specific performance, and the balance of interests between the parties.
Yes, Ad Factum Praestandum can be used in cases of personal services contracts, but the court will consider the practicality and enforceability of ordering someone to perform personal services against their will.
The availability of Ad Factum Praestandum as a remedy may vary depending on the jurisdiction. It is important to consult with a local attorney to determine the specific laws and remedies available in your jurisdiction.
Yes, Ad Factum Praestandum can be used in cases where the obligation is non-monetary, such as the delivery of specific goods or the performance of a specific act.
Yes, Ad Factum Praestandum can be used in cases of anticipatory breach of contract, where one party indicates their intention to not fulfill their obligations before the actual performance is due.
If the other party fails to comply with the court’s order for specific performance, you may need to seek further legal remedies, such as seeking contempt of court charges or pursuing additional damages for the non-compliance. It is advisable to consult with an attorney to explore your options in such situations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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