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Conclusive evidence clause: Difference between revisions
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{{ | {{a|glossary|[[File:Dramatic Chipmunk.png|400px|center|Did someone say ... ''[[indemnities]]''?]]}}Any finance lawyer will be familiar with the following kind of clause: | ||
''{{quote|In the absence of [[manifest error]], a certificate from the Lender as to any amount due will be conclusive evidence of the amount owing.}}'' | ''{{quote|In the absence of [[manifest error]], a [[certificate of indebtedness|certificate]] from the [[Lender]] as to any amount due will be [[conclusive evidence]] of the amount owing.}}'' | ||
[[Conclusive evidence]] clauses are meant to support [[indemnities]]. There’s a wealth of snarkily-presented information in [[indemnities]] [[Indemnity|in the usual place]]<ref>Go on — honestly — you’ll love it: {{t|Indemnity}}</ref> but the key point to remember is that, a ''well-crafted'' {{tag|indemnity}}<ref>Much talked about, seldom seen.</ref> is meant to be a pre-agreement to pay an ''ascertainable sum'' of money: both parties are meant to have a fairly clear handle on what is required to be paid out. | [[Conclusive evidence]] clauses are meant to support — [[dramatic look gopher]] — ''[[indemnities]]''. There’s a wealth of snarkily-presented information in [[indemnities]] [[Indemnity|in the usual place]]<ref>Go on — honestly — you’ll love it: {{t|Indemnity}}</ref> but the key point to remember is that, a ''well-crafted'' {{tag|indemnity}}<ref>Much talked about, seldom seen.</ref> is meant to be a pre-agreement to pay an ''ascertainable sum'' of money: both parties are meant to have a fairly clear handle on what is required to be paid out. | ||
Thus you will see that tell-tale [[caveat]]: “in the absence of [[manifest error]]”: where the sum claimed was obvious and not really in dispute; the bank did certify it but a fly got in the typewriter or some such thing and they sent out a certificate containing obviously the wrong number. Well, clearly that’s not conclusive, right? | Thus you will see that tell-tale [[caveat]]: “in the absence of [[manifest error]]”: where the sum claimed was obvious and not really in dispute; the bank did certify it but a fly got in the typewriter or some such thing and they sent out a certificate containing obviously the wrong number. Well, clearly that’s not conclusive, right? | ||