In
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
, 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. The doctrine can be used by courts as a test to determine whether or not a defendant committed a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
. For example, in ''
Garratt v. Dailey
''Garratt v. Dailey'', 46 Wash. 2d 197, 279 P.2d 1091 ( Wash. 1955) is an American tort law case that illustrates the principle of "intent" for intentional torts.
Background
Brian Dailey, boy aged 5 years, 9 months, moved a lawn chair on which ...
'' (1955), the
Washington Supreme Court
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire ...
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."
[Garratt v. Dailey - 46 Wash. 2d 197, 279 P.2d 1091 (1955)]
Legal doctrines and principles
References
{{law-term-stub