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Factum Infectum Fieri Nequit: What It Means in Legal Context
Definition & Meaning
The phrase "factum infectum fieri nequit" translates to "a thing done cannot be undone." This legal principle indicates that once an action is completed, it cannot be reversed. For instance, if a person commits theft, they cannot undo the act of stealing, even if they abandon the stolen goods afterward. The consequences of their actions remain, and the victim can only seek damages for the loss incurred. However, if a wrongful act can be undone, courts may allow for the action to be set aside and provide compensation for damages as well.
Table of content
Legal Use & context
This term is commonly used in various areas of law, including civil and criminal law. It emphasizes the permanence of certain actions and the associated consequences. In civil cases, individuals may seek damages when they have been wronged by another's irreversible actions. In criminal law, this principle underscores that once a crime is committed, the act cannot be erased, impacting sentencing and restitution. Users can manage related legal matters using templates from US Legal Forms, which are designed by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A contractor completes a construction project that does not meet the agreed-upon specifications. The homeowner cannot simply undo the construction but can seek damages for the cost of correcting the work.
Example 2: A person sells a stolen vehicle. Once the sale is completed, the original owner cannot reclaim the vehicle without legal action, as the sale is an irreversible act. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Context
California
Strong emphasis on damages in civil cases.
New York
Allows for rescission in certain contracts.
Texas
Focus on restitution for wrongful acts.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Differences
Rescission
The cancellation of a contract.
Rescission can undo a contract, while factum infectum fieri nequit emphasizes irreversible actions.
Damages
Compensation for loss or injury.
Damages can be claimed after an irreversible act, while rescission may prevent the act from being executed.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where an irreversible action has affected you, consider the following steps:
Document all relevant details regarding the action and its consequences.
Consult with a legal professional to understand your rights and options for claiming damages.
Explore templates available on US Legal Forms to assist in drafting necessary legal documents.
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