Legal Definitions - in faciendo

In faciendo is a historical legal term that describes an obligation to perform a specific act or service. It refers to a duty that involves actively doing something, rather than an obligation to pay money or to refrain from a particular action.

Here are some examples to illustrate this concept:

• Construction Contract: Imagine a homeowner hires a general contractor to build a custom deck in their backyard. The contract specifies the design, materials, and completion timeline. The contractor's primary duty is in faciendo – to perform the act of constructing the deck according to the agreed-upon terms. If the contractor fails to build the deck, they have breached their obligation to *do* the work, not merely an obligation to pay money.

• Service Agreement: Consider a small business that contracts with a cleaning company for daily office maintenance. The agreement outlines specific tasks, such as vacuuming, emptying trash, and sanitizing surfaces. The cleaning company's obligation is in faciendo because it involves actively performing these cleaning services. If the company skips a day or fails to complete the tasks, they have not fulfilled their duty to *perform* the agreed-upon acts.

• Specific Performance in a Will: Suppose a will stipulates that a specific heir must personally care for the deceased's beloved pet for the remainder of the pet's life, rather than simply inheriting a sum of money. This creates an in faciendo obligation for the heir. Their duty is to *perform* the act of caring for the pet, and they cannot simply pay someone else to do it or offer monetary compensation instead, as the will requires their personal performance.