Certainty

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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.

References in periodicals archive ?
Ne manque que cette certitude de l'enthousiasme, que demain soit mieux qu'aujourd'hui.
[beaucoup moins que] Je ne peux pas dire avec une certitude absolue que l'accord (pour geler la production petroliere) sera atteint, mais c'est bien possible [beaucoup plus grand que], a declare Poutine, soulignant que la Russie [beaucoup moins que] ferait tout ce que ses partenaires de l'Opep attendaient qu'elle fasse [beaucoup plus grand que].
The Minister of Defence of Ukraine thanked for assistance and support and expressed certitude that in the future the Ukraine-Portugal cooperation would be developed.
The Foreign Affairs Minister said that no certitude was given on this matters but all information converge towards the fact that Chourabi and Ktari are still alive.
My recent book Public Policy in an Uncertain World observes that analysts often suffer from incredible certitude. Exact predictions of policy outcomes are common, and expressions of uncertainty are rare.
Dans le premier parcours, nous essaierons de caracteriser la condition d'ouverture et, sommairement, l'etat d'elancement Vers qui caracterise l'esprit individuel au niveau de la certitude sensible; dans la deuxieme demarche nous examinerons l'etat d'elancement Vers comme Desir; et, finalement, nous nous ferons une reelaboration generale de nos deux figures en tant que conditions qui rendent possible la VIE de l'esprit.
Se montrant tout aussi inflexible qu'au debut de la revolte, le president Assad a affirme avoir la "certitude" de pouvoir gagner la guerre, des propos tenus devant des hommes politiques libanais et repris lundi par un quotidien pro-syrien a Beyrouth.
Among specific topics are Hindu teaching on conflict and peacemaking, conflict resolution and religious dimensions of armed conflicts, Muhammad Khatami's utopian quest for a better world, Christianity and South Africa's Truth and Reconciliation Commission, and Jimmy Carter as a man of political destiny and theological certitude.
With mind-boggling certitude she concluded that "in reality, the elitism represented by the Olympics seems to come too much at the expense of grassroots sport, grassroots culture and basic social fairness" (The Journal, August 3).
In The Rhetoric of Certitude, Gary Tandy has produced a detailed study of the nonfiction prose rhetoric of C.
Noncognitivists think that normative judgments (primarily) express conative or "desire-like" attitudes rather than beliefs, so the challenge is to account for the fact that normative certitude varies in degrees.
(Other research suggests that libertarians are not easily disgusted.) The researchers hopefully conclude, "If political differences are traceable in part to the fact that people vary in the way they physically experience the world, certitude that any particular worldview is objectively correct may abate, lessening the hubris that fuels political conflict."