Substantial certainty doctrine: Difference between revisions
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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. |
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. |
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Examples: |
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(-)Manufacturing cigarettes and the resulting lung cancer. Too general |
(-)Manufacturing cigarettes and the resulting lung cancer. Too general |
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(-)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. |
(-)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. |
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Revision as of 08:42, 19 September 2014
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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.
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.
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