Define: Certainty Of Subject Matter

Certainty of subject matter is a legal principle that requires clear identification and delineation of the property or subject matter involved in a contract or transaction. In contract law, for example, certainty of subject matter ensures that parties understand precisely what is being bought, sold, or exchanged. This principle requires that the subject matter be sufficiently defined and identifiable to enable enforcement of the contract and to avoid disputes or uncertainty regarding the terms of the agreement. Certainty of subject matter is essential for the validity and enforceability of contracts and other legal transactions, as ambiguity or lack of clarity regarding the subject matter can lead to legal disputes and render the contract void or unenforceable.

An interesting set of setiusggons, but problematic. Two things: First of all, the first suggestion is probably not going to work because it frustrates the purpose of the trust. One of the things Burroughs is probably going to have to do is make promises against the trust principal to carry out his obligations under the terms of the trust. Carving out an allowance for that without giving away the fact that Carter is still alive is going to be very difficult. Burroughs is, after all, going to have to provide for the general maintenance of the estate and his occupancy therein if he wants to protect Carter’s crypt. Drawing a hard-and-fast legal rule between that and Burroughs just using the money for his own purposes is going to be very, very difficult, and a court that didn’t know the real purpose of the trust might well disregard such a requirement. Of course, a court that did know the real purpose of the trust was probably going to be annoyed anyway. So that’s a problem. But both are probably void for violating the Rule Against Perpetuities, which provides that a future interest in property must vest within twenty-one years of the end of a life currently extant. The trust as set up in the movie works because there’s a definite point at which it vests, even if it’s a ways out there. It definitely goes to Burroughs, or to his heirs if Burroughs dies. But the first suggestion is problematic because there’s this reversionary interest tacked on, which might trigger after Burroughs dies. A court might take a look at that and say, Look, we’re going to let you set this thing up so that it distributes a ways down the road, but we’re not going to let you put any kind of reversionary interest on it that goes that far out. The second suggestion is even more problematic because the interest has no specific date at which it will vest! It might not ever do so. Of course, the odds are good that it’ll vest within a year or three after the trust period ends, but there’s no guarantee of that. The RAP was created to promote certainty in property transactions as much as anything else, and neither a court faced with the provision nor the Recorder’s Office is going to like what introducing a coin flip is going to do to the title.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April 2024.