Legal Thesaurus

Id certum est quod certum reddi potest :

That is certain which can be made certain.

A contract which is otherwise good but omits to mention some term explicitly does not become void or uncertain for that reason if the uncertainty can otherwise be made certain id certum est quod certum reddi potest. [AIR 1951 Ori 291]. In arbitration agreements the actual points of dispute are seldom stated. Generally, references are made to arbitration where disputes arise and the parties thereafter formulate, when necessary, their disputes before the arbitrators and seek their decision on those points of differences. The meaning of such agreements is not in any sense uncertain, and even if there is any slight uncertainty, it is capable of being made certain at the time hearings. [AIR 1957 All 406]. If there is no statement in contract regarding the price to be paid the law allows a standard a reasonableness. Accordingly a fair or reasonable price is recoverable on the basis of a term to be implied in the contract and the contract is enforceable. [AIR 1966 Ker 311]. [Section 30. Contract Act].

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