Maxim 12.3.7
An uncertain quantity vitiates the act.
Incerta quantitas vitiat actum.
Source: 1 Roll. R. 465; Bouvier
Difficulty 1/5 — Foundational
Explanation
Where the subject matter of an instrument — the quantity conveyed, the sum promised, the obligation undertaken — is left uncertain, the act is void; the law requires that what is done be done with sufficient definiteness to be enforceable. (Duplicate maxim — see also 1.5.96.)
Where this applies
- The contract doesn't specify the quantity so the agreement may be void.
- An uncertain amount or quantity in a legal instrument makes the whole act void.
- The deal can't be enforced because nobody knows exactly what's being promised.
Legal domains
See also
Cite this maxim
NeCede Max. 12.3.7 — An uncertain quantity vitiates the act. — 1 Roll. R. 465; Bouvier (Incerta quantitas vitiat actum.)
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