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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.
Relying on the definition of battery from the Restatement of Torts, the Court held that battery could only be found if it is shown that the boy knew with "substantial certainty" that after the chair was moved Garratt would attempt to sit in the chair's original position. That is, the accused must be substantially certain that his action would ...
This is a notable exception to the general rule given above that for almost all intentional torts only desire or knowledge to a substantial certainty will do. IIED also includes recklessness. This still distinguishes it from negligent infliction of emotional distress, though.
"Any harm suffered appears to be related to, to some extent, SVP's unilateral decision to go forward with this substantial construction in the face of knowledge to substantial certainty that its ...
General intent means that the defendant knew with substantial certainty that the action would put someone in apprehension of a harmful or unwanted contact. While the law varies by jurisdiction, contact is often defined as harmful if it objectively intends to injure, disfigure, impair, or cause pain.
5. and that traditional notions of fair play and substantial justice are not offended. The court decided that there existed specific jurisdiction over the defendants due to their interactions with the plaintiffs via the Internet services operated by eBay. Holding: Personal jurisdiction is established if the criteria of the Calder test are met.
“The only certainty is that new tariffs will be costly for the United States,” the researchers concluded. ... with substantial cost for the average American household, and a burden that falls ...
That means a substantial percentage, potentially a majority, of heroin addicts treated by these publicly-funded facilities were simply not accounted for at all. “This would really be picked apart by peer reviewers,” said Dr. Yngvild Olsen, the medical director for the Institutes for Behavior Resources in Baltimore, who reviewed the study ...