Uncertainty

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CERTAINTY, UNCERTAINTY, contracts. In matters of obligation, a thing is certain, when its essence, quality, and quantity, are described, distinctly set forth, Dig. 12, 1, 6. It is uncertain, when the description is not that of one individual object, but designates only the kind. Louis. Code, art. 3522, No. 8 5 Co. 121. Certainty is the mother of repose, and therefore the law aims at certainty. 1 Dick. 245. Act of the 27th of July, 1789, ii. 2, 1 Story's Laws, 6. His compensation for his servicer, shall not exceed two thousand dollars per annum. Gordon's Dig. art. 211.
     2. If a contract be so vague in its terms, that its meaning cannot be certainly collected, and the statute of frauds preclude the admissibility of parol evidence to clear up the difficulty; 5 Barn. & Cr. 588; S. C. 12 Eng. Com. L. R. 827; or parol evidence cannot supply the defect, then neither at law, nor in equity, can effect be given to it. 1 Russ. & M. 116; 1 Ch. Pr. 123.
     3. It is a maxim of law, that, that is certain which may be made certain; certum est quod certum reddi potest Co. Litt. 43; for example, when a man sells the oil he has in his store at so much a gallon, although there is uncertainty as to the quantity of oil, yet inasmuch as it can be ascertained, the maxim applies, and the sale is good. Vide generally, Story, Eq. El. Sec. 240 to 256; Mitf. Pl. by Jeremy, 41; Coop. Eq. Pl. 5; Wigr. on Disc. 77.

UNCERTAINTY. That which is unknown or vague. Vide Certainty.

References in periodicals archive ?
The worseing of law and order situation and making up political uncertainity dangerously influenced the stock prices.
Hence, the puparia of the insects bred from the carrion may just be the only link of the cause of death in the phase of uncertainity.
In his shop in the downtown area the scent of fresh flowers gave life to the air which is normally heavy with dust and uncertainity.
It is also best not left to the views of a single person mostly due to the pervasive uncertainity of where this year will lead us.
A review of the effects of multiple stressors on aquatic organisms and analysis of uncertainity factor for use in risk assessment.
A major uncertainity in calculating the lifetimes of central air-conditioners is the fraction of units used in commercial applications, such as small, stand-alone businesses or homes converted to businesses.
Excessive rise in interest rates, rapidly decline of stock's price, increasing uncertainity in financial markets, and proliferation of panic that experienced by banks and acceleration of capital flight from the country are the most important indicators (Eser, 1995:49).
The uncertainity stems from the last leg of a proposed settlement system under which payments would be routed through the Iran-owned Frankfurt-based EIH bank, a bank suggested by Tehran to Indian firms to handle trade settlements, the source said.
--, 1991, Weighing Goods: Equality, Uncertainity and Time, Black-well, Oxford.
Mike Clancy, deputy general secretary of the union, said: "Yet more energy professionals now face uncertainity and worry about their future.
When a criteria is uncertain, individuals can eliminate the uncertainity of the evaluation criteria by making social comparisons, while evaluating their own opinions, abilities, and performance.
The veil of economic uncertainity is expected to lift over the next one or two years, but indications reveal that growth may be restrained over the next five years.