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NeCede's

Maxim 5.4.31

Measure gives validity to the grant.

Source: C.L.M.; Weisman, 52a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A grant must specify with certainty the quantity, bounds, or measure of what is conveyed — without definite measure, the grant is void for uncertainty. This applies equally to delegations of governmental power: authority not defined in scope and measure by the People's constitutions is authority never granted.

Where this applies

  • A deed that fails to specify the acreage or boundaries of the land is void because the grant lacks the measure needed to define what is conveyed.
  • A delegation of power to a government agency that does not define the scope or limits of that power is invalid because unmeasured authority was never granted by the People.
  • A contract to sell timber without specifying the quantity or the area of forest is unenforceable because measure was never given to the grant.

Legal domains

Cite this maxim

NeCede Max. 5.4.31 — Measure gives validity to the grant. — C.L.M.; Weisman, 52a

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