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.<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> |
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> |
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Revision as of 23:57, 25 August 2020
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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.[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
- ^ "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)
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