Written by attorneys · grounded in primary & secondary sources — see below
An act or deed. Anything done.
Sources & Authorities· 19 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Fire Destroys Home Pre-Closing
Fatou Fall signed a contract to purchase a residence from Francesca Fowler. Days later a fire destroyed the main structure. Fatou must still pay the full price at closing because her signing fait shifted the risk to her.
Seller Ignores Repair Promise
Forrest Falconer accepted a deed from Fabian Flynn after closing. The deed contained no mention of the seller's earlier written promise to fix the roof. Forrest cannot enforce that promise because the acceptance fait merged into the deed.
Oral Side Agreement Fails
Ferrum Metals bought commercial property from Foster Forge. The parties had orally agreed that the seller would remove underground tanks, but the written contract contained a merger clause. After closing the buyer cannot compel removal because the oral fait is unenforceable.
Farah Fox purchased land from Freeman Engineering. After closing she discovered the seller had concealed toxic contamination. Her fraud claim proceeds because the fraudulent fait is not extinguished by merger into the deed.
Default Triggers Foreclosure
Franklin Foundry borrowed funds from Ferrum Metals and executed a mortgage on its warehouse. When payments stopped the lender initiated foreclosure proceedings. The mortgage fait allows the lender to sell the property to satisfy the debt.
Buyer Defaults on Installments
Felicia Fuentes purchased acreage under an installment land contract from Foster Forge. After missing several payments the seller sought to regain possession. The contract fait permits the seller to pursue forfeiture or foreclosure under state law.
Common questions
Frequently Asked
1
What does the term fait mean in a legal context?+
It refers to an act or deed performed by a party.
Supporting sources
433 U.S. 186 (1977)Conflict of Laws
…action brought in federal court under the diversity jurisdiction. Pennoyer, the defendant in that action, held the land under a deed purchased in a sheriff's sale conducted to realize on a judgment for attorney's fees obtained against Neff in a previous action by one Mitchell. At the time of Mitchell's suit in an Oregon…
ContractsPerformance, breach, and discharge · Discharge of duties (including accord and satisfaction, substituted contract, novation, rescission, and release)UBEIntermediate