Legal Definitions - species facti

In Scots law, species facti is a Latin term that refers to the specific nature or particular character of an alleged act or omission. It describes the precise type of wrongdoing that someone is accused of, whether it is a criminal offense or a civil wrong. Rather than just identifying that an action occurred, species facti focuses on the unique details and circumstances that define the legal category of that action.

• Imagine a situation where an individual is accused of taking property belonging to another person. The species facti would differentiate between various potential charges. If the person simply walked out of a store with an item without paying, the species facti might point to shoplifting (a form of theft). However, if they used force or threats to take the item directly from another person, the species facti would instead indicate robbery. This distinction is crucial because it defines the specific criminal act alleged and the legal framework that applies, including potential penalties.

• Consider a scenario in civil law where a software development company delivers a product to a client that does not function as promised. The species facti would help determine the specific legal claim. If the software simply failed to meet the technical specifications outlined in the contract, the species facti would likely be a breach of contract. However, if the company's engineers designed the software with fundamental flaws due to a lack of reasonable care, the species facti might also include a claim for professional negligence. Each of these represents a distinct legal character of the "thing done" by the company, leading to different legal arguments and remedies.