RE: insure or ensure (was: RE: Warnings)

[JB Foster <jb -dot- foster -at- shaw -dot- ca>]

I see no write (pun intended) or wrong in the use of 'insure.' ... In our
particular case -as writers- the trouble could start when clauses are then
written in a vague manor, or by ignoring the proper conventions (such as
everyone else on the planet using 'ensure', and you didn't). Therefore,
using 'insure' as in: "Insure all work to be complete.", could leave some
legal wiggle-room about the real intent. Less legal doubt would be created
if re-written as: "insure that all work is completed." Again, in most cases,
it's not the particular word that's used, which could get the writer into
trouble, but the meaning conveyed by the complete phrase.

I believe firmly, that there 'still' would be a requirement of the plaintiff
to prove (beyond a doubt) that the other party had clearly intended to offer
financial compensation by using 'insure.' This burden of proof, would have
to clearly indicate that the defendant purposely selected the word 'insure',
rather than meaning the grammatically correct word 'ensure.' Of course there
is no such thing as ignorance before the law, which means using proper
English (or avoiding loose wording). This would also be the best way of
preventing a crafty lawyer from trying to take advantage of a situation - in
the plaintiff's favor. Thus, I completely agree with using 'ensure.'

I tend to have faith (or just call me gullible?) in the legal system, and
would consider most court decisions (rulings or verdicts) to be reasonably
balanced.  Also, I'd be surprised if damages were routinely being awarded to
plaintiffs over the misuse of a single word (and if there was a case, those
defendants must have suffered a good scare out of it).

I.M.H.O., often the legal over-cautiousness in written documents, stems from
'urban legends' or misconceptions of past court awards. An example would be
the well-known MacDonalds' case, where an elderly lady suffered burns from
hot coffee. The problem with casting an opinion of that verdict, is that
none of us have all the facts that led to the jury's decision. This results
in all kinds of panic - from lowering the temperature of coffee, to posting
ridiculous captions on products.

Anyway, I insure that's my last 0.02 cents (Canadian) on this. ;-)

Bruce


Marguerite Krupp wrote:

> > Martha Rogers wrote:
> > > After checking an online dictionary (www.yourdictionary.com)
> > > and my Webster's Riverside II, itseems "insure" and "ensure"
> > > are interchangeable.  Each can mean "to make secure or certain."
> > --
> And Bill Gladstone added:<snip>
> I always thought so. Same as "inquire" and "enquire".
> </snip>
>
>
> Yabbut, you always have to consider that other meaning of "insure" - that
> is, "to indemnify," IOW, "If this thing doesn't work or causes harm, we
> agree to compensate you [in some way]." In this litigious society, people
> may well take THAT meaning from "insure."




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