The purpose of this paper is to consider the “reasonable certainty” rule as it is used in personal damages cases and to extend that analysis to contract matters by way of a discussion of a hypothetical involving the actor Sean Connery and his contract to make a movie at a time in the future when the mortality tables indicate he is unlikely to be living. Although the majority of this paper considers cases involving wrongful death, other types of cases are also included. A sizable part of this paper deals with the use of mortality tables and by courts and experts. Cases are reviewed where the courts have specifically considered deviations from such tables and the considerations for doing so as they attempted to comply with the need for reasonable certainty.
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