The Latin phrase “Facio ut des” translates to “I do so that you give.” It refers to a type of contract in which one party agrees to perform a task in exchange for compensation, known as consideration. This type of contract is referred to as an innominate contract.
Facio ut des is a contract in which one party agrees to perform a service or task in exchange for payment or compensation. It is an unspecified contract that falls under the category of innominate contracts. For instance, a person may agree to mow their neighbour’s lawn every week for $50, which would be considered a facio ut des contract as they are providing a service (mowing the lawn) in exchange for payment (the $50). Another example is a freelance writer agreeing to write articles for a website for a predetermined fee per article. The concept of facio ut des is a legal term that defines this type of contract, emphasizing the exchange of services for compensation. These examples demonstrate how one party fulfils a task (such as mowing a lawn or writing articles) and receives payment in return. This type of contract is significant as it establishes an agreement between two parties, ensuring that both parties receive what they anticipate from the transaction.
“Facio ut des” is a Latin phrase that translates to “I do so that you may give.” In legal terms, it refers to a contract or agreement where one party performs an action or provides a service with the expectation of receiving something in return.
Yes, “facio ut des” can be a legally binding principle if both parties involved in the agreement have the intention to create legal relations and there is consideration exchanged between them.
Consideration refers to something of value that is exchanged between the parties involved in a contract. It can be money, goods, services, or even a promise to do or refrain from doing something. Consideration is essential for a contract to be legally enforceable.
Yes, “facio ut des” can be used in various types of contracts, including employment contracts, service agreements, sales contracts, and lease agreements, among others. It is a principle that can be applied to any contract where one party performs an action in exchange for something from the other party.
If one party fails to fulfill their part of the “facio ut des” agreement, it can be considered a breach of contract. The non-breaching party may be entitled to seek legal remedies, such as damages or specific performance, depending on the circumstances and the terms of the contract.
Yes, “facio ut des” can be used in verbal agreements. However, it is always advisable to have written contracts to ensure clarity and avoid any potential disputes or misunderstandings.
While “facio ut des” is a valid principle in contract law, there may be limitations depending on the jurisdiction and specific circumstances. It is important to consult with a legal professional to ensure that the principle is applied correctly and in compliance with applicable laws.
Yes, “facio ut des” can be used in international contracts. However, it is crucial to consider the laws and regulations of the countries involved, as well as any applicable international treaties or conventions that may affect the enforceability of the contract.
Yes, “facio ut des” can be used in non-monetary agreements. It can apply to agreements where one party provides a service, performs an action, or fulfills a duty in exchange for something other than money, such as goods, property, or even another service.
While “facio ut des” and “quid pro quo” share similarities, they are not exactly the same. “Facio ut des” refers to a contractual principle where one party performs an action with the expectation of receiving something in return. “Quid pro quo” refers to the exchange of goods, services, or favors on an equal basis, often used in the context of bribery or corruption.
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: 16th April 2024.
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