Legal Definitions - facio ut des

Facio ut des is a Latin legal term that translates to "I do so that you give." It describes a type of agreement or contract where one party performs an action or service with the understanding and expectation that the other party will provide something in return.

This concept is particularly relevant in civil law systems for agreements that do not fit neatly into standard, named categories of contracts (these are sometimes called "innominate contracts"). Essentially, it's about a direct exchange where one party's performance of an act serves as the consideration for the other party's promise or delivery of something valuable.

Here are some examples to illustrate this concept:

• Example 1: Custom Craftsmanship

  A homeowner wants a unique, custom-designed bookshelf built into an awkward alcove in their living room. They approach a local carpenter and agree that the carpenter will design, build, and install the bespoke bookshelf, and in return, the homeowner will pay a specific sum upon completion.

  How it illustrates "facio ut des": The carpenter's action ("I do") is the creation and installation of the custom bookshelf. The homeowner's "giving" ("you give") is the payment for that specific service. This is a direct exchange of a unique service for monetary compensation, fitting the principle.

• Example 2: Specialized Consulting for Access

  A small, specialized environmental consulting firm offers to conduct a comprehensive, pro bono ecological impact study for a remote nature reserve that is considering a new visitor center. In exchange, the reserve's management agrees to grant the consulting firm exclusive access to their unique biodiversity data for future research publications, a highly valuable asset for the firm's academic standing.

  How it illustrates "facio ut des": The consulting firm performs a specific action ("I do") by conducting the ecological study. The nature reserve's "giving" ("you give") is the provision of exclusive access to their data. This demonstrates the exchange of a specialized service for a non-monetary, but highly valuable, benefit.

• Example 3: Artistic Performance for Patronage

  A renowned street artist is commissioned by a city's cultural department to create a large-scale, temporary art installation in a public square for a festival. The artist agrees to design, construct, and oversee the installation for the duration of the festival. In return, the city agrees to provide the artist with a dedicated studio space, free of charge, for the following six months, along with a stipend for materials for their next project.

  How it illustrates "facio ut des": The artist's action ("I do") is the creation and management of the art installation. The city's "giving" ("you give") is the provision of the free studio space and material stipend. This exemplifies the exchange of a creative service for a combination of facilities and financial support, directly aligning with the "I do so that you give" principle.