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NeCede's

Maxim 12.3.1

That is certain which can be made certain.

Id certum est quod certum reddi potest.

Source: 2 Bl. Comm. 143; 1 Bouv. Inst. 78; 4 Kent, Comm. 462; Broom, Max. 624; Weisman, 15a Difficulty 1/5 — Foundational

Explanation

An instrument is not void for uncertainty if there exists a means to ascertain its meaning — the law asks only that certainty be attainable, not that it be immediately apparent.

Where this applies

  • The contract term is vague but can be made certain through reference to external facts.
  • An instrument isn't void for uncertainty if the meaning can be determined.
  • As long as certainty is attainable, the law doesn't require it be immediately obvious.

Legal domains

contractinterpretation

See also

Cite this maxim

NeCede Max. 12.3.1 — That is certain which can be made certain. — 2 Bl. Comm. 143; 1 Bouv. Inst. 78; 4 Kent, Comm. 462; Broom, Max. 624; Weisman, 15a (Id certum est quod certum reddi potest.)

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