Legal Definitions - determinable

The term determinable describes something that is capable of being brought to an end, or something that can be precisely identified, calculated, or figured out. This concept is typically applied in two main contexts:

• In the context of property or rights: It refers to an interest or right that will automatically terminate or revert to another party upon the occurrence of a specific, predefined event or condition. The termination happens without any further action needed from the original grantor.
• In a general sense: It describes a fact, value, or outcome that can be definitively ascertained, calculated, or discovered, even if it is not immediately obvious.

Here are some examples illustrating the use of determinable:

• Example 1 (Property/Rights Termination): A wealthy donor grants a parcel of land to a local university for the sole purpose of building a new library, stating that if the land is ever used for any other purpose, ownership will automatically revert to the donor's estate.

  Explanation: The university's ownership of the land is determinable. Its right to the property is subject to an automatic termination if the specified condition (using the land for a purpose other than a library) occurs.

• Example 2 (Ascertainable Fact/Value): A software development contract includes a clause stating that the final project cost will be determinable by multiplying the total number of hours worked by a fixed hourly rate, plus the cost of any third-party licenses.

  Explanation: Although the exact final cost is not known at the outset, the contract provides a clear and specific method for calculating it. This makes the final project cost determinable once the hours worked and license costs are known.

• Example 3 (Ascertainable Fact/Outcome): In a legal dispute over a breached contract, the court ruled that the amount of lost profits suffered by the plaintiff was determinable through a review of their financial records and expert economic testimony.

  Explanation: Here, "determinable" means that even though the precise figure for lost profits wasn't immediately obvious, sufficient evidence and methods existed to calculate or ascertain that amount with reasonable certainty.