Legal Definitions - do ut facias

Do ut facias is a Latin legal phrase that translates to "I give that you may do."

This principle describes a type of agreement where one party provides something of value—such as money, goods, or a benefit—to another party, with the explicit understanding and expectation that the second party will then perform a specific action or service in return. It represents a reciprocal exchange where the act of giving by one party is directly conditioned upon the performance of an act by the other.

Here are some examples to illustrate this concept:

• Example 1: A homeowner pays a contractor half of the agreed-upon fee upfront for a kitchen renovation project.

  Explanation: Here, the homeowner's payment (the "I give") is made with the expectation that the contractor will then proceed to carry out the renovation work (the "that you may do"). The giving of the money is directly linked to the performance of the service.

• Example 2: A small business owner provides a marketing consultant with access to their company's proprietary sales data.

  Explanation: The business owner is "giving" valuable information (the "I give") so that the marketing consultant can analyze it and develop a new advertising strategy (the "that you may do"). The provision of data is conditional on the consultant's subsequent action.

• Example 3: A university offers a scholarship covering tuition and living expenses to a student who commits to participating in a specific research project for two years.

  Explanation: The university "gives" financial support and educational opportunity (the "I give") with the clear expectation that the student will dedicate their time and effort to the research project (the "that you may do"). The benefit is provided in exchange for the student's committed action.