Legal Definitions - tam facti quam animi

Tam facti quam animi is a Latin phrase that translates to "in deed as well as in intention." This legal principle highlights that in many legal contexts, both a person's physical actions (the "deed") and their mental state or purpose behind those actions (the "intention") are crucial for determining legal responsibility, the nature of an event, or the validity of an agreement. It emphasizes that a legal assessment often requires considering both what was done and why it was done.

• Criminal Law – Theft:

  Imagine someone takes a bicycle from a public rack. If they genuinely believed the bicycle was their own, which looked identical to theirs, the physical act of taking (the "deed") occurred. However, if they lacked the specific intent to permanently deprive the true owner of their property (the "intention"), they might not be guilty of theft. Conversely, if someone intends to steal a bicycle but is caught before they can even touch it, the intention is present, but the physical deed of taking has not been completed. For the crime of theft to be established, both the physical act of taking and the specific intent to steal must generally coexist, illustrating tam facti quam animi.

• Contract Law – Formation of Agreement:

  Consider two business partners who are negotiating a complex deal. They might exchange numerous emails, drafts, and even sign a preliminary document (the "deed"). However, if their communications clearly indicate that they did not intend for the preliminary document to be a final, binding contract until further conditions were met or a formal agreement was signed (the "intention"), a court might find that no legally enforceable contract was formed. The physical acts of writing and signing must be accompanied by a genuine intention to create legal relations for a contract to be valid.

• Property Law – Abandonment:

  Suppose someone leaves an old, broken-down car on the side of a road. The physical act of leaving the car (the "deed") is evident. However, for the car to be legally considered "abandoned" property, the owner must also have the clear and unequivocal "intention" to relinquish all rights to it, without any plan to reclaim it. If the owner merely left it temporarily with the intent to return later with a tow truck, despite the appearance of abandonment, the legal requirement of intention would not be met. Both the physical act of discarding and the mental intent to give up ownership are necessary to establish abandonment.