Also known as: reasonable definiteness · reasonable certainty · definiteness and certainty
Written by attorneys · grounded in primary & secondary sources — see below
A legal standard requiring that a writing, description, or evidentiary showing be sufficiently clear and specific to permit enforcement or recovery. The standard ensures that essential terms, identifications, or losses can be ascertained without undue speculation or ambiguity.
Union Insurance sent Ralph Richardson a one-page signed coverage placement request that named a total premium and aggregate limit but supplied no attachment points, per-policy limits, or county descriptions. Ralph accepted the quote by email the next day. When Union later refused to transfer the policies, the court examined whether the writing stated the essential terms of the unperformed promises with reasonable certainty.
Rita Russell executed a will that referred to an attached schedule of personal property. The schedule existed at execution and listed specific items and devisees. The court checked whether the schedule was identified with reasonable certainty so that it could be incorporated by reference into the will.
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A federal agent obtained a warrant for an unknown suspect who had fled after a robbery. The complaint described the suspect as a six-foot-tall man with a distinctive scar on his left cheek and a tattoo of an anchor on his right forearm. The magistrate reviewed whether the description identified the defendant with reasonable certainty.
Rising Sun Electronics sold Renee Rogers used manufacturing equipment by misrepresenting its output capacity. Renee proved the actual shortfall in production and sought the benefit of her bargain. The court required that the additional contract damages be proved with reasonable certainty.
Rocky Mountain Mining spent $180,000 on site preparation after Ronald Reed orally promised to sell mining equipment. Reed later refused to perform. Rocky Mountain sought recovery of its expenditures, reduced by any loss Reed could prove with reasonable certainty that Rocky Mountain would have suffered had the contract been performed.
Radiance Media contracted for delivery of specialized broadcast trucks by a firm date. The supplier delivered two weeks late, causing Radiance to lose a major advertising contract. Radiance claimed lost profits, but the court required that the amount of the loss be established with reasonable certainty before any recovery.
The writing must state the essential terms of the unperformed promises with enough clarity that a court can determine the parties' obligations without speculation. Missing details such as attachment points, limits, or geographic scope ordinarily prevent enforcement.
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A plaintiff must supply evidence that permits a reasoned estimate of the loss rather than mere projections. Historical performance data, competitor benchmarks, or other objective facts can satisfy the standard, but purely speculative figures do not.
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Yes. The warrant must contain a name or description that identifies the defendant with reasonable certainty so that the correct person can be located and arrested without ambiguity.
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The will must manifest an intent to incorporate the writing, the writing must exist at execution, and it must be identified with reasonable certainty so that its contents can be ascertained without dispute.
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…on the concept of public use.[^maj-19] Alternatively, petitioners maintain that for takings of this kind we should require a "reasonable certainty" that the expected public benefits will actually accrue. Such a rule, however, would represent an even greater departure from our precedent. "When the legislature's purpose is legitimate…