The legal principle of “certum est quod certum reddi potest” states that a contract or agreement must be clear and definite in its terms and obligations. This means that the parties involved must be able to understand and fulfil their respective duties and responsibilities as outlined in the agreement. If a contract is ambiguous or uncertain, it may be deemed unenforceable by a court of law.
Certum Est Quod Certum Reddi Potest” is a Latin phrase that translates to “It is certain what can be made certain.” It is a legal principle that refers to the requirement of certainty in legal agreements and contracts.
This principle requires that contracts be clear, specific, and unambiguous in their terms and obligations. It ensures that parties can understand and fulfil their obligations without any confusion or uncertainty.
If a contract fails to meet this requirement, it may be considered void or unenforceable. The lack of certainty in the terms can lead to disputes and difficulties in interpreting and performing the contract.
Yes, parties to a contract can agree to waive or modify the principle of “Certum Est Quod Certum Reddi Potest” through mutual consent. However, such waivers or modifications should be clearly stated in the contract to avoid any future disputes.
To ensure compliance with this principle, it is advisable to draft contracts with clear and precise language. All terms, obligations, and conditions should be explicitly stated, leaving no room for ambiguity or confusion.
Yes, the principle of “Certum Est Quod Certum Reddi Potest” applies to all types of contracts, including commercial contracts, employment agreements, lease agreements, and any other legally binding agreements.
While the principle generally applies to all contracts, there may be certain situations where a degree of uncertainty is acceptable or unavoidable. For example, contracts involving future events or contingent circumstances may have some inherent uncertainty.
When interpreting a contract, courts will apply the principle of “Certum Est Quod Certum Reddi Potest” to determine the parties’ intentions and the meaning of the contract’s terms. The goal is to give effect to the clear and certain provisions of the contract.
No, the principle of “Certum Est Quod Certum Reddi Potest” cannot be applied retroactively to existing contracts. It applies to contracts entered into after its establishment and does not affect contracts that were validly formed before its adoption.
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: 4th May 2024.
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