Incontrovertible evidence, or conclusive evidence, is a colloquial term for
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
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
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or ...
is conclusive of parenthood, a
CCTV
Closed-circuit television (CCTV), also known as video surveillance, is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors. It differs from broadcast television in that the signal is not openly t ...
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 or deed of
guarantee
Guarantee is a legal term more comprehensive and of higher import than either warranty or "security". It most commonly designates a private transaction by means of which one person, to obtain some trust, confidence or credit for another, engages ...
, having the effect of showing that, in the absence of manifest
error
An error (from the Latin ''error'', meaning "wandering") is an action which is inaccurate or incorrect. In some usages, an error is synonymous with a mistake. The etymology derives from the Latin term 'errare', meaning 'to stray'.
In statistics ...
, the guarantor is liable to deliver on their guarantee when their obligation is triggered: the Commercial Court in England and Wales ruled on the effect of such a 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 in which a phrase, statement or resolution is not explicitly defined, making several interpretations plausible. A common aspect of ambiguity is uncertainty. It is thus an attribute of any idea or statement ...
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]
References
Evidence law
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