Maxim 1.5.346
That which is granted or reserved in a certain form is not to be drawn into valuation or compensation.
Quod sub certa forma concessum vel reservatum est, non trahitur ad valorem vel compensationem.
Source: Ex parte Miller, 2 Hill 418, 433; Wharton, III-288
Difficulty 3/5 — Intermediate
Explanation
When a grant or reservation is made in a specific form, it must be honored in that form — the grantee cannot substitute a money equivalent or different consideration for what was specifically granted.
Where this applies
- A lease reserves to the landlord the right to receive a specific quantity of grain as rent each year, and the tenant cannot substitute a cash payment instead because the reservation was made in a specific form.
- A deed grants the grantee ten acres of the north field specifically, and the grantee cannot demand different acreage elsewhere on the property or a monetary equivalent.
- A settlement agreement requires the defendant to deliver a particular painting to the plaintiff, and the defendant cannot offer its appraised value in cash instead because the obligation was specified in kind.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.346 — That which is granted or reserved in a certain form is not to be drawn into valuation or compensation. — Ex parte Miller, 2 Hill 418, 433; Wharton, III-288 (Quod sub certa forma concessum vel reservatum est, non trahitur ad valorem vel compensationem.)
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