Puneet Varma (Editor)

Substantial certainty doctrine

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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.

References

Substantial certainty doctrine Wikipedia


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