Legal Definitions - facio ut facias

Facio ut facias is a Latin legal term that describes a type of agreement where one party promises to perform an action, and in return, the other party promises to perform a different action. It essentially means "I do that you may do." This concept also refers to the mutual exchange of actions that forms the basis of such a contract.

In essence, it's a reciprocal arrangement where the "payment" or "consideration" for one person's action is the other person's action. These types of agreements are often considered "innominate contracts" in civil law, meaning they don't fit into a predefined category like a sale or a lease, but are still legally binding due to the clear mutual intent and exchange of performances.

Here are some examples to illustrate facio ut facias:

• Neighborhood Skill Swap: Imagine a scenario where a homeowner, skilled in gardening, agrees to regularly maintain their neighbor's lawn and flowerbeds. In return, the neighbor, who is an experienced mechanic, agrees to perform routine maintenance and minor repairs on the homeowner's car.

  This illustrates facio ut facias because the gardener's action (lawn care) is directly exchanged for the mechanic's action (car maintenance). Both parties are performing a service for the other, creating a reciprocal agreement based on their respective actions.

• Small Business Collaboration: Consider a local yoga studio that agrees to promote a new health food café by distributing their flyers and offering discount coupons to its members. In exchange, the health food café agrees to cater the yoga studio's upcoming wellness workshop with healthy snacks and beverages.

  Here, the yoga studio's action (promotion and distribution) is directly reciprocated by the café's action (catering the event). Neither party is paying money, but rather performing an act for the benefit of the other, which is the core of facio ut facias.

• Academic Exchange: A university professor agrees to guest lecture a series of classes at a different university on a specialized topic. In return, the second university's dean agrees to write a strong letter of recommendation for the professor's upcoming sabbatical application and provide access to their research facilities for a specific project.

  This example demonstrates facio ut facias as the professor's action (guest lecturing) is exchanged for the dean's actions (writing a recommendation and granting facility access). It's a mutual agreement where specific performances are traded, rather than monetary compensation.