Incontrovertible evidence and conclusive evidence (less formally, concrete evidence and hard evidence) are colloquial terms for
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; i.e., evidence so strong it overpowers contrary evidence, directing a
fact-finder
In law, a trier of fact or finder of fact is a person or group who determines disputed issues of fact in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence ...
to a specific and certain conclusion.
A "conclusive evidence" clause may be included in a contract or deed of
guarantee
A guarantee is a form of transaction in which one person, to obtain some trust, confidence or credit for another, agrees to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to ...
, having the effect of showing that, in the absence of manifest
error
An error (from the Latin , meaning 'to wander'Oxford English Dictionary, s.v. “error (n.), Etymology,” September 2023, .) is an inaccurate or incorrect action, thought, or judgement.
In statistics, "error" refers to the difference between t ...
, the guarantor is liable to deliver on their guarantee when their obligation is triggered. The
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
ruled in
IIG Capital LLC v Van de Merwe (22 May 2008) that wording in a deed of guarantee, stating that "A certificate in writing signed by a duly authorised officer ... stating the amount at any particular time due and payable by the Guarantor ... shall, save for manifest error, be conclusive and binding on the Guarantor for the purposes hereof" bound the guarantor despite the otherwise "strong presumption" against a guarantee being treated as a demand bond or guarantee payable on demand, and the
Commercial Court
Business courts, sometimes referred to as commercial courts, are specialized courts for legal cases involving commercial law, internal business disputes, and other matters affecting businesses. In the US, they are trial courts that primarily or ...
in England and Wales ruled on the effect of a similar clause in the case of Carey Value Added S.L. v Grupo Urvasco SA in 2010. Conclusive evidence clauses are interpreted strictly by the courts, with any
ambiguity
Ambiguity is the type of meaning (linguistics), meaning in which a phrase, statement, or resolution is not explicitly defined, making for several interpretations; others describe it as a concept or statement that has no real reference. A com ...
being resolved in favour of the guarantor.
[O'Donovan and Phillips, ''The Modern Contract of Guarantee'', English edition, 2003, quoted in Carey Value Added, S.L. v Grupo Urvasco, S.A. (2010), paragraph 41]
See also
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Direct evidence
In law, a body of facts that directly supports the truth of an assertion without intervening inference. It is often exemplified by eyewitness testimony, which consists of a witness's description of their reputed direct sensory experience of an ...
*
Smoking gun
The term "smoking gun" is a reference to an object or fact that serves as conclusive evidence of a crime or similar act, just short of being caught ''in flagrante delicto''. "Smoking gun" refers to the strongest kind of circumstantial evidence, ...
References
Evidence law
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