Legal Definitions - ad factum praestandum

Ad factum praestandum refers to a legal obligation to perform a specific action or task, rather than to pay money. This type of obligation requires the exact performance of the agreed-upon act and is distinct from a simple debt. It applies when a party is legally bound to carry out a particular deed that is within their power to complete.

Here are some examples illustrating this concept:

• Custom Construction Contract: Imagine a client hires a specialized builder to construct a unique, custom-designed conservatory attached to their home. The contract specifies the exact architectural plans, materials, and the deadline for completion.

  In this scenario, the builder's obligation is ad factum praestandum because they are bound to perform the specific act of constructing that particular conservatory according to the agreed plans, not merely to pay a sum of money if they fail to do so. The client is seeking the performance of a specific, non-monetary action.

• Specific Performance for Unique Art: A renowned artist agrees to paint a one-of-a-kind mural on the wall of a public library, depicting a specific historical event. The agreement details the size, style, and subject matter of the mural.

  The artist's obligation is ad factum praestandum. If the artist fails to paint the mural, the library's primary interest is not just monetary compensation, but the actual creation of that unique piece of art. A court might order the artist to specifically perform their contractual duty, as no amount of money could truly replace the commissioned artwork.

• Court Order for Property Remediation: A property owner is legally ordered by a court to remove an illegally constructed fence that encroaches on a neighbor's land and blocks their access.

  This court order represents an ad factum praestandum obligation. The property owner is compelled to perform the specific act of dismantling and removing the fence. The court's decree demands direct action to rectify the encroachment, rather than simply imposing a fine (though fines might also apply for non-compliance).