FACIO UT FACIAS

facio ut facias (fay-shee-oh <<schwa>>t fay-shee-<<schwa>>s). [Latin “I do that you may

do”] Civil law. 1. An innominate contract in which a person agrees to do something for another

person who agrees to do something in return, such as an agreement to marry. 2. The consideration

in such a contract. See innominate contract under CONTRACT.

“These valuable considerations are divided by the civilians into four species…. The second

species is, facio, ut facias: as when I agree with a man to do his work for him, if he will do mine

for me; or if two persons agree to marry together; or to do any positive acts on both sides. Or, it

may be to forbear on one side in consideration of something done on the other; as, that in

consideration A, the tenant, will repair his house, B, the landlord, will not sue him for waste.” 2

William Blackstone, Commentaries on the Laws of England 444 (1766).[Blacks Law 8th]