Incontrovertible evidence
Incontrovertible evidence, or conclusive evidence, is a colloquial term for evidence introduced to prove a fact that is supposed to be so conclusive that there can be no other truth to the matter; evidence so strong it overpowers contrary evidence, directing a fact-finder to a specific and certain conclusion. For example, a DNA test is conclusive of parenthood, a CCTV camera footage of a crime taking place is conclusive, as is a contract showing an agreement.
A "conclusive evidence" clause may be included in a contract of guarantee, having the effect of showing that, in the absence of manifest error, the guarantor is liable to deliver on their guarantee when their obligation is triggered.[1] Conclusive evidence clauses are interpreted strictly by the courts, with any ambiguity being resolved in favour of the guarantor.[2]
References
- ^ England and Wales High Court (Commercial Court), Carey Value Added, S.L. v Grupo Urvasco, S.A. (2010), EWHC 1905 (Comm), judgment delivered 23 July 2010, accessed 5 October 2022
- ^ 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
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