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NeCede's

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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