Faciendum

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Faciendum

Literal Meaning

Something to do or something that must be done.

Explanation & Origin

Origin – Faciendum is a Latin word which means something which has to be done. The work is still to be done.

Explanation – Faciendum is legal term used to see if the legal of the court or a lawyer is has to be done.

Illustration

Legal document is faciendum.

Case Reference

In the case of Kidar Nath L. Jagan Nath Aggarwal vs State Of Punjab And Ors.[1] The writ was conceived to meet an emergency and was intended to be used in a summary and speedy manner and that is why Sir Edward Coke described it as festinum remedium–expeditious remedy.The origin and the name of the writ also define its real purpose. It was styled as writ of habeas corpus and faciendum, subjiciendum, et recipiendum,–‘to do, submit to receive, whatsoever the judge or Court awarding such a right shall consider in that behalf.’ See Blackstone’s commentaries, Volume III, page 131.

In the case of  Suraj Narain Dube vs Sukhu Aheer & Anr[2] There is a promise to compensate wholly or in part a person who has already voluntarily done something for the promisor. The word “compensate” has been used advisedly and does not connote the same idea as repayment of a loan. The word “voluntarily” also indicates to my mind that something has been done without any promise of compensation. It may or may not have been done out of one’s own accord without any request of the other person, but there should not be any understanding between the parties that compensation would be given for the act in future.Section 25Contract Act, says that an agreement made without consideration is void, but furnishes certain exceptions. The one exception is when the consideration takes the shape of a promise to compensate wholly or in part a person who has already voluntarily done something for the promiser.

In the case Husseinali Casam Mahomed vs Dinbai[3] ThIndian Contract Act. Although a study of the English law on the point may be necessary both to the jurist and the student, it is out of place in a judgment as more likely to lead to a confusion of ideas and an erroneous decision, Under Section 25 of the Act an agreement is void if made without consideration unless it comes within one of the exceptions mentioned in the section. The exception relied on by the plaintiff was that of a promise to compensate wholly or in part a person who has voluntarily done somethingfor the promisor. When at the desire of the promisor the promisee or any other person has done or abstained from doing, or does or abstains from doing or promises to do or abstain from doing something, such act or abstention or promise is called a consideration for the promise. Therefore something which the promisee has done at the desire of the promisor before the promise is given, is good consideration provided it is lawful under the provisions of Section 23. It is, therefore, not necessary to consider whether at the time that something was done by the promisee at the desire of the promisor, it was intended that recompense was to be given.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1] AIR 1960 P H 122

[2] AIR 1928 All 440

[3] (1923) 25 BOMLR 252