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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.

CERTAINTY, pleading. By certainty is understood a clear and distinct statement of the facts which constitute the cause of action, or ground of defence, so that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth of the allegations, and by the court who are to give the judgment. Cowp. 682; Co. Litt. 308; 2 Bos. & Pull. 267; 13 East, R. 107; Com. Dig. Pleader, C 17; Hob. 295. Certainty has been stated by Lord Coke, Co. Litt. 303, a, to be of three sorts namely, 1. certainty to a common intent 2. to a certain intent in general; and, 3. to a certain intent in every particular. In the case of Dovaston.v. Paine Buller, J. said he remembered to have heard Mr. Justice Ashton treat these distinctions as a jargon of words without meaning; 2 H. Bl. 530. They have, however, long been made, and ought not altogether to be departed from.
     2.-1. Certainty to a common intent is simply a rule of construction. It occurs when words are used which will bear a natural sense, and also an artificial one, or one to be made out by argument or inference. Upon the ground of this rule the natural sense of words is adopted, without addition. 2 H. Bl. 530.
     3.-2. Certainty to, a certain intent in general, is a greater degree of certainty than the last, and means what upon a fair and reasonable construction may be called certain, without recurring to possible facts which do not appear; 9 Johns. R. 317; and is what is required in declarations, replications, and indictments, in the charge or accusation, and in returns to writs of mandamus. See 1 Saund. 49, n. 1; 1 Dougl. 159; 2 Johns. Cas. 339; Cowp. 682; 2 Mass. R. 363 by some of which authorities, it would seem, certainty to a common intent is sufficient in a declaration.
     4.-3. The third degree of certainty, is that which precludes all argument, inference, or presumption against the party, pleading, and is that technical accuracy which is not liable to the most subtle and scrupulous objections, so that it is not merely a rule of construction, but of addition; for where this certainty is necessary, the party must not only state the facts of his case in the most precise way, but add to them such as show that they are not to be controverted, and, as it were, anticipate the case of his adversary. Lawes on Pl. 54, 55. See 1 Chitty on Pl. 235 to 241.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
To start with, for Wittgenstein it is essential to underline that at the bottom of the language-game there is "an ungrounded way of acting" (OC [section][section] 110, 204), whilst Ortega does not address the epistemological problem of how certainties can be grounded: instead, he was mainly interested in considering beliefs and ideas as vital phenomena, or rather, in revealing their role in our existence in order to show as clearly as possible that the spontaneous and authentic life is not the intellectual life characteristic of dealing with ideas (cf.
Nevertheless, I would like to add an amendment to my approach by bringing up two certainties which might alternate with each other.
According to this approach, someone may alternately share the certainties "I will die in a very distant future" and "I will die very soon," to the extent that the change from one to the other might take place suddenly and even repeatedly within a short period of time.
On the other hand, whilst JC has the (b) property it is the same as traditional conditionalization when it comes to certainties and thus does not have the (a) property.
Let us now turn to the latter, and we shall see that here opinion is in close connection with dispositions of greater power, dispositions involving certitude and capable of attaining certainties.
If we consider opinion as relative to the knowledge of truth, then above it there is faith in revealed dogmas and there is sound adherence to natural certainties. If we consider opinion as related to the order of action, then there is something beyond opinion which is the certainty of direction in our action.
If you want certainties, it's probably better to stick with the big two.
We can read from the story that Jonah had his certainties:
In both cases these certainties were not individual prejudices.
God turns their certainties upside down--transforms them, if you like.
In so doing he offended those whose certainties are engraved in the stone of a dated past.
Humanists, no longer able to rest securely in the certainties of either a transcendental subject or a natural social destiny, must work with whatever commonalities do obtain among us in order to bring about what we desire.