Certainty

In Contracts. Distinctness and accuracy of statement. A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc.

Dig. 12. 1. 6.

It is uncertain when the description is not that of an individual object, but designates only the kind. Civ. Code La. art.

3522, No. 8; 5 Coke, 121.

In Pleading. Such clearness and distinctness of statement of the facts which constitute the cause of action or ground of defense 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.

1 Chit. PI. 257; Cowp. 682; Hob. 295; 13 East, 107; 2 Bos. & P. 267; Co. Litt. 303; Comyn, Dig. "Pleader," c. 17.

Certainty is said to be of three sorts: (1) "Certainty to a common intent," which is attained by a form of statement in which words are used in their ordinary meaning, though by argument or inference they may be made to bear a different one. See 2, H. Bl. 530. (2) "Certainty to a certain intent in general," which is attained when the meaning of the statute may be understood upon a fair and reasonable construction, without recurrence to possible facts which do not appear. 1 Wm. Saund. 49; 9 Johns. (N. Y.) 317; 5 Conn. 423. (3) "Certainty to a certain intent in particular," which is attained by that technical accuracy of statement which precludes all ■ argument, inference, and presumption against the party pleading. When this cerprecise way, but add to them such a show that they are not to be controverted, and, as it were, anticipate the case of his adversary.

1 Chit. PI. 258; Lawes, PI. 54, 55.