Legal Definitions - ascertained

The term ascertained means that something has been definitively discovered, established, or made certain, often through a formal process or investigation. It implies that a fact, amount, or identity, which might have previously been unclear or unknown, has now been determined with certainty. In a legal context, this often refers to a finding made by a court or through a formal legal procedure.

Here are some examples to illustrate the use of "ascertained":

• Imagine a business dispute where one company claims the other owes them money for services rendered. Initially, the exact amount owed might be debated. After reviewing contracts, invoices, and financial records, and perhaps after a court hearing, the precise sum of money owed is ascertained. This means the exact debt has been definitively determined and established with certainty, leaving no room for further dispute about the amount.

• Consider a situation where a will specifies that a particular piece of land should go to "the first-born child of my niece who reaches the age of 25." At the time the will is read, the niece might have several children, and none might yet be 25. Once one of her children reaches that specific age, their identity as the rightful heir to the land is ascertained. This illustrates how a future interest, initially uncertain, becomes definitively identified and established through the fulfillment of a condition.

• In a personal injury lawsuit, a plaintiff seeks compensation for medical expenses and lost wages. Initially, these figures might be estimates. However, after medical bills are submitted, expert testimony on future care is heard, and calculations for lost income are presented to the court, the total amount of damages to be awarded to the plaintiff is ascertained. This signifies that the court has definitively determined the exact financial compensation due, making it a certain and established figure.