Substantial certainty doctrine: Difference between revisions
Content deleted Content added
Mrbriggles (talk | contribs) added examples of what knowledge with substantial certainty "KWSC" means |
deleted space between article and reference section |
||
| (7 intermediate revisions by 2 users not shown) | |||
| Line 1: | Line 1: | ||
In [[law]], the '''substantial certainty doctrine''' is the assumption of intent even if the actor did not intend the result, but knew with ''substantial certainty'' the effect would occur as a result of his action.<ref>{{Cite web|title=Substantial Certainty Law and Legal Definition {{!}} USLegal, Inc.|url=https://definitions.uslegal.com/s/substantial-certainty/|access-date=2020-08-25|website=definitions.uslegal.com}}</ref> The doctrine can be used by courts as a test to determine whether or not a defendant committed a [[tort]]. For example, in ''[[Garratt v. Dailey]]'' (1955), the [[Washington Supreme Court]] remanded a case back to the lower courts to determine whether or not the five year-old defendant "knew with substantial certainty that the plaintiff would attempt to sit down where the chair which he moved had been."<ref>Garratt v. Dailey - 46 Wash. 2d 197, 279 P.2d 1091 (1955)</ref> |
|||
{{unreferenced|date=February 2008}} |
|||
In [[law]], the '''substantial certainty doctrine''' is the assumption of intent even if the actor did not intend the result, but knew with ''substantial certainty'' the effect would occur as a result of his action. |
|||
{{DEFAULTSORT:Substantial Certainty Doctrine}} |
{{DEFAULTSORT:Substantial Certainty Doctrine}} |
||
[[Category:Legal doctrines and principles]] |
[[Category:Legal doctrines and principles]] |
||
== References == |
|||
{{law-term-stub}} |
<references />{{law-term-stub}} |
||
Examples: |
|||
(+)= yes |
|||
(-)= no |
|||
(+)Firing a gun into a dense crowd of people. Natural and probable consequences. |
|||
Presence of a policy rational motivating no "KWSC" coupled with the alternative of product liability or negligence actions. |
|||
(-)Manufacturing cigarettes and the resulting lung cancer. Too general |
|||
(-)Running a construction site with lots of hazardous equipment and w/ knowledge that people, as a statistical reality, will get hurt on a construction site. Too general. |
|||
Latest revision as of 23:57, 25 August 2020
In law, the substantial certainty doctrine is the assumption of intent even if the actor did not intend the result, but knew with substantial certainty the effect would occur as a result of his action.[1] The doctrine can be used by courts as a test to determine whether or not a defendant committed a tort. For example, in Garratt v. Dailey (1955), the Washington Supreme Court remanded a case back to the lower courts to determine whether or not the five year-old defendant "knew with substantial certainty that the plaintiff would attempt to sit down where the chair which he moved had been."[2]
References
[edit]- ^ "Substantial Certainty Law and Legal Definition | USLegal, Inc". definitions.uslegal.com. Retrieved 2020-08-25.
- ^ Garratt v. Dailey - 46 Wash. 2d 197, 279 P.2d 1091 (1955)
 | This legal term article is a stub. You can help Wikipedia by expanding it. |