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.
Cite this maxim
NeCede Max. 5.4.31 — Measure gives validity to the grant. — C.L.M.; Weisman, 52a
Found an error? Suggest a correction →