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Balance of Probabilities


Certainty
Last updated: 06-Oct-2014

Per Lord Hailsham of St Marylebone LC in Cassell & Co Ltd v Broome and another [1972] 1 All ER 801:

In legal matters, some degree of certainty is at least as valuable a part of justice as perfection.

Per Roskill LJ in Compania de Naviera Nedelka S.A. v Tradax Internacional S.A. (The Tres Flores) [1974] Q.B. 264:

Certainty is essential in commercial matters and certainty is more important than that there may be hardship in a particular case because the application of the principle may cast the incidence of liability one way rather than the other.

Per Stuart-Smith LJ in Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd [1999] 2 Lloyd’s Rep 423 at p.442:

Certainty is a crucial foundation for commercial activity. Certainty is only achieved when the vendor is left in no reasonable doubt not only that a claim may be brought but of the particulars of the ground upon which the claim is to be based. The clause contemplates that the notice will be couched in terms which are sufficiently clear and unambiguous as to leave no such doubt and to leave no room for argument about the particulars of the complaint. Notice in writing is required in order to constitute the record which dispels the need for further argument and creates the certainty.


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