ad factum praestandum (order for) meaning

An order requiring a party to perform a specific act they have undertaken or are legally obliged to perform, rather than to pay money. In Scots law this is a decree ad factum praestandum, used to compel implement of an obligation capable of precise performance (for example, to execute a deed, deliver goods, or permit access). The expression derives from Roman law and is used in case law and court practice (Court of Session and sheriff court), rather than being defined by statute. The remedy is discretionary and typically granted where damages would be an inadequate remedy, the obligation is certain, and performance is feasible without disproportionate court supervision. Non-compliance is enforceable through contempt of court sanctions. Terminology differs across the UK and Ireland but the effect is broadly similar. In England & Wales and Northern Ireland, equivalent relief is obtained by an order for specific performance or a mandatory injunction (mandatory order). In Ireland, comparable relief is granted by specific performance and mandatory orders. The Latin term “ad factum praestandum” is rarely used outside Scotland but is understood to refer to orders compelling performance of an act, not payment of money.