“Facio ut des” is a Latin phrase that translates to “I do that you may give” in English. It refers to a civil law contract in which one party agrees to perform an act for the other party in exchange for money or additional value. A typical example is a contract, which creates a master-servant relationship. This principle is a fundamental aspect of bilateral contracts, where both parties make promises to each other.
In a bilateral contract, one Party’s promise is the consideration for the other Party’s promise. In other words, each Party undertakes an obligation with the expectation of receiving something in return. The principle of “facio ut des” emphasizes the mutuality of obligations and the idea that one Party’s performance is conditioned on the performance of the other.
For example, suppose Party A promises to deliver goods. In that case, Party B’s promise to pay for those goods is based on the understanding that Party A will fulfill its obligation to provide. If Party A fails to deliver the goods, Party B may be relieved of their obligation to pay, and vice versa.
This principle contributes to the enforceability and fairness of contracts, as it ensures that both parties have a stake in the agreement and that the benefits and burdens are distributed equitably. It reflects the basic idea of a contract as a voluntary and mutually beneficial exchange of promises between parties. It reinforces the idea that in a valid contract, there should be a balance of performances, and each party’s obligation should be connected to the others. If one party fails to fulfill its obligation, it may impact the other party’s duty to perform as well.
