contract certainty (2024)

Contract certainty Is a concept used in the London insurance market wherein all terms of a reinsurance agreement must be detailed and agreed upon prior to the inception date of the contract.

Additional Information

Essentially, the idea of contract certainty is that each party will know exactly what the reinsurance product is that is being sold at the time it is being sold, so it can be priced correctly and so the purchaser knows exactly what it is buying without any later misunderstandings. The 9-month rule, which comes out of Part 23 of SSAP 62, requires that the reinsurance contract be finalized—reduced to written form and signed within 9 months after commencement of the policy period—but allows the contract to incept before the contract is finalized.

contract certainty (2024)

FAQs

Contract certainty? ›

Contract Certainty is achieved by the full and final agreement of all terms and conditions between the (re)insurer and (re)insured at the time of binding. This will be evidenced by a binder, cover note or similar which reflects all terms and conditions and which is agreed by the (re)insurer.

What is an example of certainty in a contract? ›

For example, A agrees to sell his property to B for Rs. 70,00,000. Without mentioning which property A has decided to sell, he enters into a written contract with B. Here, this will result in a dispute between the parties as the terms of the contract regarding the property lack certainty.

What are the elements of a valid contract certainty? ›

For a contract to be valid and recognized by the common law, it must include certain elements-- offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.

What is the certainty rule in contract law? ›

Certainty is a cornerstone of contract law. It provides a framework that ensures parties can rely on the terms and conditions of an agreement.

What is the meaning of certainty in law? ›

What does Legal certainty mean? The principle requires that the law must be clear, precise and unambiguous, and its legal implications foreseeable. The law must be worded in a way that it is clearly understandable by those who are subject to it.

What is required for contract certainty? ›

At the heart of contract certainty is the requirement for all terms to have been agreed at the time of binding, with the terms themselves being clear and unambiguous. The key therefore is to ensure that the proposed contract meets the definition of contract certainty at the time an offer is made.

What are the three types of certainty? ›

Peak performers live their life with a high degree of certainty that they can achieve their goals. There are three different types of certainty: 1) opinion; 2) belief; and 3) conviction.

Why is contract certainty an issue? ›

In contract law, specific timescales play an important role in ensuring contractual certainty. Any deadlines or timescales specified in a contract should be clear, unambiguous and capable of enforcement. Failure to specify deadlines precisely can lead to disputes and legal challenges.

How is contract certainty governed? ›

The insurer and broker (where applicable) must ensure that all terms are clear and unambiguous by the time the offer is made to enter into the contract or the offer is accepted. All terms must be clearly expressed, including any conditions or subjectivities.

What is the earliest point that contract certainty should be achieved? ›

The objective of contract certainty is to provide clarity for both customer and insurer on the terms and conditions of the policy prior to inception/renewal. Evidence of cover must be provided within 7 working days of inception/renewal for retail customers and 30 days for commercial customers.

What is the principle of certainty? ›

The principle of certainty is the formula for measuring the position and momentum of a particle at the same time. If the theory of relativity, the principle of uncertainty is correct, then the principle of certainty must be considered correct.

What is the reasonable certainty rule? ›

While there is no law or single measure for reasonable certainty, section 352 of the Restatement (Second) of Contracts states: “Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.” [

What is the condition of certainty? ›

A condition of certainty exists when you know with reasonable certainty what the alternatives are, what conditions are associated with each alternative and the outcome of each alternative.

What is an example of certainty? ›

Examples of certainty in a Sentence

Scientists still do not know with any degree of certainty why the disease spread so quickly. We cannot predict the outcome with absolute certainty. There was no certainty that the package would arrive in time. Her certainty about these complex moral issues is surprising.

How do you explain certainty? ›

certainty noun (IN NO DOUBT)

the state of being completely confident or having no doubt about something: with certainty I'm unable to answer that question with any certainty. something that cannot be doubted: There are few absolute certainties in life.

What is certainty and possibility of contract? ›

Certainty and Possibility of Performance

The terms of the contract must be clear and specific enough for the parties to understand their obligations. Additionally, it must be possible to perform the contract's terms. Contracts that are too vague or impossible to perform may be unenforceable.

What are certainty examples? ›

Examples of certainty in a Sentence

Scientists still do not know with any degree of certainty why the disease spread so quickly. We cannot predict the outcome with absolute certainty. There was no certainty that the package would arrive in time.

What is an example of must certainty? ›

Certainty This must be the right address. Necessity All passengers must present their passports at the gate. Strong recommendation You really must see someone about that cold.

What is an example of expressing certainty? ›

Yes, I am certain. I'm absolutely sure.

What is an example of the certainty effect in real life? ›

For example, when humans are given the option of (1) 100% chance to win $900 or (2) 90% chance to win $1,000 with a 10% chance to win nothing, 80% of humans choose the first definite win despite equal expected values.

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