Provision mcq

Candel is being sued by a customer for $2 million for breach of contract over a cancelled order. Candel has obtained legal opinion that there is a 20% chance that Candel will lose the case. Accordingly Candel has provided $400,000 ($2 million × 20%) in respect of the claim. The unrecoverable legal costs of defending the action are estimated at $100,000. These have not been provided for as the case will not go to court until next year. What is the amount of the provision that should be made by Candel in accordance with IAS 37 Sir correct ans is 100000, but one thing I want to ask that why will we make provision for 100000 because it will definately be paid so isn't it virtually certain and hence liability should be recorded instead of provision?