Ascertainment clarifies when a claim must be fixed and made certain, often functioning as a condition precedent. The term ascertain denotes fixing, making definite, or determining a claim so it is learned with certainty; when a monetary sum is "to be ascertained" in ... Summary
Ascertainment clarifies when a claim must be fixed and made certain, often functioning as a condition precedent.
The term ascertain denotes fixing, making definite, or determining a claim so it is learned with certainty; when a monetary sum is "to be ascertained" in a specified manner, those words operate as a strong condition precedent requiring the claim be fixed by the prescribed process before further contractual or remedial steps take effect.
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