Certainty

In pleading. Distinct. ness; clearness of statement; particularity, Such precision and explicitness in the state ment of alleged facts that the pleader’s averments and contention may be readily understood by the pleader on the other aide, as well as by the court and jury. This word is technically used in pleading in two different senses, signifying either distinctness, or particularity, as opposed to undue generality, Certainty is said to be of three sorts: (1) Certainty to a common iniené is such as is attained by using words in their ordinary meaning, but is not exclusive of another meaning which might be made out by argument or inference. (2) Certainty to @ certain intent in general is that which allows of no misunderstanding if a fair and reasonable construction is put upon the language employed without bringing in facts which are possible, but not apparent. (8) Certainty to a certain intent in particular is the highest degree of technical accuracy and preciaion.

Co. Litt. 303; 2 H. BL. 5380; 9 Johns. 317.

In contracts, The quality of being apecific, accurate, and distinct. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, ote, Dig. 12, 1,6. It is uncertain when the description is not that of an individual object, but designates only the kind, Civil Code La. art.

3522, no. 8; 5 Coke, 121.

CERTIFICANDO DEH RECOGNI-