Legal Definitions - bene factum

Bene Factum

Bene factum is a Latin term that translates to "a good deed" or "a proper act." In a legal context, it refers to an action that is performed correctly, in good faith, or is legally sound and beneficial. It implies an act that is well-executed, adheres to appropriate standards, or fulfills a duty responsibly.

• Example 1: A Lawyer's Due Diligence

  Imagine a lawyer representing a client who is purchasing a business. Before advising the client to finalize the deal, the lawyer meticulously examines all financial records, contracts, and legal liabilities of the target company, identifying and addressing potential risks.

  This thorough investigation is considered a bene factum because the lawyer performed a proper and diligent act of due diligence, ensuring the client was fully informed and protected from unforeseen legal or financial complications.

• Example 2: A Trustee's Management of Assets

  Consider a trustee who is responsible for managing a trust fund established for a beneficiary. The trustee carefully invests the funds in a diversified portfolio, regularly provides financial reports, and disburses money only for the purposes outlined in the trust agreement, such as the beneficiary's education and medical expenses.

  This responsible and compliant management of the trust assets is a bene factum, as the trustee performed a proper and good act by fulfilling their fiduciary duty in the best interest of the beneficiary.

• Example 3: A Contractor's Adherence to Specifications

  Suppose a construction company is hired to build a new community center. The company completes the project on schedule, within the agreed budget, and uses all the specified high-quality materials and construction techniques detailed in the architectural plans and contract.

  This execution of the project is a bene factum because the contractor performed a proper and good act by diligently adhering to all contractual obligations and specifications, resulting in a well-built and satisfactory structure.