Uncertainty(redirected from uncertainness)
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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.