Legal Definitions - rebus ipsis et factis

rebus ipsis et factis

This Latin legal phrase, primarily used in Scots law, translates to "by the facts and circumstances themselves." It refers to situations where a legal agreement, intention, or understanding is not explicitly stated in words, either written or spoken, but is clearly inferred or demonstrated by the actions, conduct, and surrounding circumstances of the parties involved. Essentially, it means that the actions of individuals speak for themselves, establishing a legal reality without the need for formal declarations.

Here are some examples to illustrate this concept:

• Example 1: Implied Business Contract

  A small bakery consistently orders a specific type of flour from a supplier every week. The supplier reliably delivers the flour, and the bakery consistently accepts the deliveries and pays the invoices. This pattern continues for several years without any formal written contract ever being signed between them.

  Explanation: In this scenario, even though there's no explicit written agreement, the consistent actions of both the bakery (ordering, accepting, paying) and the supplier (delivering, invoicing) demonstrate, rebus ipsis et factis, that a binding commercial contract exists between them. Their conduct clearly establishes an ongoing business relationship and mutual obligations.

• Example 2: Implied Tenancy Agreement

  A tenant's one-year lease on an apartment expires. The landlord does not ask the tenant to leave and continues to accept monthly rent payments at the original rate for several months after the lease end date. The tenant continues to live in the apartment and pays rent as usual.

  Explanation: Despite the original lease having ended, the landlord's continued acceptance of rent and the tenant's continued payment and occupation of the property, rebus ipsis et factis, imply the creation of a new, informal tenancy agreement. The actions of both parties demonstrate their mutual understanding and intent to continue the landlord-tenant relationship.

• Example 3: Acceptance of a Gift or Benefit

  A homeowner hires a contractor to renovate their kitchen. During the renovation, the contractor, without prior discussion or explicit agreement, also repaints the adjacent dining room walls in a matching color. The homeowner observes this work daily, makes no objection, and even compliments the new paint color upon completion.

  Explanation: While the dining room painting was not part of the original contract, the homeowner's actions—observing the work without objection, allowing it to proceed, and expressing satisfaction—could be interpreted, rebus ipsis et factis, as an implied acceptance of the additional service. This might create an obligation for the homeowner to pay for the extra work, even if it wasn't formally agreed upon beforehand.