Certainty

Certainty

In the Past

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 names 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, must not exceed two thousand dollars per year. Gordon's Dig. art. 211.

Developments

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 delivery the defect, then neither at law, nor in equity (see more about this popular legal topic in the U.S. encyclopedia), can effect be given to it. 1 Russ. & M. 116; 1 Ch. Pr. 123.

Details

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 generaly, Story, Eq. El. 240 to 256; Mitf. Pl. by Jeremy, 41; Coop. Eq. Pl. 5; Wigr. on Disc. 77. [1]

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Notes and References

1. Partialy, this information about certainty is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including certainty.

See Also

Certainty

In the Past

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; Comyn's Digest (A digest of the laws of England, 1822) 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.

Developments

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.

Details

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 needd 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 enough in a declaration.

Other Aspects

The third degree of certainty, is that which precludes all argument, inference or presumption against the party, pleading (i.e. the formal allegations by the parties of their respective claims and defenses) 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. [1]

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Notes and References

1. Partialy, this information about certainty is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including certainty.

See Also

Certainty

There is an additional definition in the world law dictionary.

Resources

See Also

• Certain