Also known as:reasonably certain · reasonable degree of certainty
Written by attorneys · grounded in primary & secondary sources — see below
A standard requiring that facts, losses, descriptions, or terms be shown without undue speculation so that a decision maker can reasonably ascertain their existence, scope, or amount. The standard demands evidence sufficient to support a reasoned conclusion rather than absolute precision or mathematical exactness.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Discloses Client Threat
Rachel Ramirez, a criminal defense attorney, learns during a meeting that her client plans to poison a witness the following week. She reasonably believes disclosure is the only way to stop the attack. Rachel contacts the police with the details because the harm meets the threshold of reasonable certainty.
Emails Form Contract Memorandum
Rajesh Rao emails a supplier confirming purchase of 500 widgets at a stated price with delivery in thirty days. The supplier replies with matching details but omits the payment schedule. The emails state the essential terms with reasonable certainty and therefore satisfy the statute of frauds.
Select any source to read its text and confirm it supports the definition.
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Study Supplements
Raphael Rivera executes a will that refers to an attached inventory of personal property. The inventory existed when the will was signed and lists each item and beneficiary with clear descriptions. The court incorporates the list because it is identified with reasonable certainty.
Open Price Term Does Not Defeat Contract
Robert Rivera agrees to buy solar panels from Regal Apparel for its next-quarter installations. The parties leave the exact per-panel price open but perform several shipments at the listed rate. A court finds a contract because the parties intended to be bound and a reasonably certain basis exists for remedy.
Warrant Describes Unknown Suspect
Police obtain a warrant for a suspect whose name is unknown but who is described as a six-foot-tall man with a distinctive scar on his left cheek last seen driving a red sedan near the crime scene. The description identifies the defendant with reasonable certainty and the warrant is valid.
Tenant Proves Lost Profits
Rhea Reynolds leases commercial space from Redwood Bank for a retail store. The landlord fails to complete promised renovations, forcing cancellation of pre-sold holiday events. Rhea presents signed customer contracts and prior-year revenue records showing lost profits to a reasonable degree of certainty and recovers those damages.
Common questions
Frequently Asked
4
What level of evidence satisfies reasonable certainty in contract damages?+
The injured party must prove both the fact and the amount of loss on a preponderance of the evidence. Absolute precision is not required. Courts accept reasonable estimates supported by historical data, signed commitments, or industry benchmarks when the breach directly caused the loss.
Supporting sources
Does reasonable certainty apply to lost profits in commercial leases?+
Yes. When leased premises are used for business, a tenant may recover lost anticipated profits if the landlord's default caused the loss, the profits were foreseeable at contracting, and the amount is proven with reasonable certainty through concrete evidence such as pre-lease commitments or occupancy records.
Supporting sources
How does reasonable certainty differ from the indefiniteness rule in contract formation?+
Indefiniteness prevents contract formation when essential terms are too uncertain for a court to determine breach or fashion a remedy. Reasonable certainty permits enforcement when the parties intended to contract and a basis for remedy exists even if some terms remain open.
Supporting sources
Can a writing be incorporated by reference into a will without being identified with reasonable certainty?+
No. The will must manifest intent to incorporate the writing and the writing must be identified with reasonable certainty at the time of execution. Extrinsic evidence may help resolve factual questions about presence and intent but cannot cure an identification that remains speculative.
Supporting sources
339 U.S. 306, 313-314 (1950)Civil Procedure
…The reasonableness and hence the constitutional validity of any chosen method may be defended on the ground that it is in itself reasonably certain to inform those affected, compare Hess v. Pawloski , 274 U. S. 352, with Wuchter v. Pizzutti , 276 U. S. 13, or, where conditions do not reasonably permit such notice, that the form…