Legal Definitions - vel faciendo vel delinquendo

The Latin phrase vel faciendo vel delinquendo means "either by doing something or by leaving something undone." It is used to describe situations where a particular outcome, often with legal consequences, arises from either a direct action taken by an individual or entity, or from their failure to take an action they were obligated to perform. Essentially, it encompasses responsibility stemming from both active conduct and passive neglect.

Here are some examples to illustrate this concept:

• In Contract Law: Imagine a construction company hired to build a new office. The company could be in breach of contractvel faciendo vel delinquendo.

  • Vel faciendo (by doing something): The company uses substandard materials for the building's foundation, leading to structural instability. This is an active, faulty action.
  • Vel delinquendo (by leaving something undone): The company fails to complete the project by the agreed-upon deadline, causing significant financial losses for the client. This is a failure to perform an obligated action.

  In both scenarios, the company is responsible for a breach of contract, whether through a direct action or a failure to act.

• In Personal Injury (Negligence): Consider a homeowner whose property poses a risk to visitors. Their liability for an injury could arise vel faciendo vel delinquendo.

  • Vel faciendo (by doing something): The homeowner actively sets up a dangerous booby trap on their property, intending to deter trespassers, and an invited guest is injured by it. This is a direct, harmful action.
  • Vel delinquendo (by leaving something undone): The homeowner fails to repair a clearly broken step on their porch, despite knowing it's a hazard, and a delivery person trips and falls, sustaining an injury. This is a failure to address a known danger.

  In either case, the homeowner could be held liable for negligence, whether through an active creation of harm or a passive failure to prevent it.

• In Regulatory Compliance: A pharmaceutical company must adhere to strict safety regulations. Violations could occur vel faciendo vel delinquendo.

  • Vel faciendo (by doing something): The company intentionally alters test results to make a drug appear safer than it is, leading to its approval and subsequent harm to patients. This is a deliberate, misleading action.
  • Vel delinquendo (by leaving something undone): The company fails to conduct mandatory post-market surveillance on a new drug, missing early signs of severe side effects that could have prompted a recall. This is a failure to perform a required oversight.

  The company would face legal and regulatory consequences for non-compliance, whether through active deception or a failure to fulfill its duties.