A date certain, also known as “date certaine” in French law, is a predetermined day chosen or appointed for a specific event or action, often specified in a legal document such as a deed or contract.
A date that is fixed and established in advance, typically designated by a legal instrument like a deed. For instance, the lease contract indicated that the renter had to leave the property by a certain date, which was identified as the final day of the month. In this context, “date certain” denotes a precise date that was mutually agreed upon in the lease agreement, leaving no room for compromise or adjustment.
A date certain refers to a specific, fixed date that is agreed upon or specified in a legal document or contract.
A date certain is important because it provides clarity and certainty regarding when certain obligations or actions must be fulfilled, which helps to avoid misunderstandings and disputes.
In some cases, a date certain can be changed if all parties involved agree to the modification and it is documented in writing as an amendment to the original contract.
If a party fails to meet a date certain in a contract, it may be considered a breach of the contract, and the non-breaching party may be entitled to remedies such as damages or termination of the contract.
While a date certain and a deadline both refer to specific dates by which certain actions must be taken, a date certain is typically a fixed, predetermined date, whereas a deadline may be more flexible or subject to change.
In most cases, a date certain cannot be extended without the consent of all parties involved, as it would require an amendment to the original agreement.
Legal documents such as contracts, leases, promissory notes, and court orders often include a date certain to specify when certain obligations or actions must be fulfilled.
To ensure that a date certain is enforceable, it is important to clearly and specifically outline the date in the agreement, and to ensure that all parties understand and agree to the terms.
In some cases, a date certain may be implied in a contract based on the nature of the agreement and the intentions of the parties involved, but it is generally best to explicitly state the date in the contract.
If you have questions or concerns about a date certain in a legal agreement, it is advisable to seek the advice of a qualified attorney who can review the agreement and provide guidance on your rights and obligations.
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: 17th April 2024.
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