Also known as: substantially certain · substantial certainties
Written by attorneys · grounded in primary & secondary sources — see below
A mental state in which an actor knows that a particular consequence is substantially certain to result from his conduct. This state satisfies the intent element for intentional torts even when the actor does not desire the consequence.
Steven Silva pulled a chair away from a table just as Stella Shapiro began to sit. Silva knew Shapiro would fall to the floor because he saw her lowering herself into the seat. The resulting contact established battery because Silva acted with knowledge that the fall was substantially certain to occur.
Sentinel Security extended its marina posts across the surveyed boundary onto Sebastian Santos's waterfront parcel. Company managers knew the posts and moored boats would occupy Santos's cove because they had reviewed the boundary markers before directing the work. The ongoing presence of the structures supported trespass liability because the managers knew the intrusion was substantially certain to result.
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Five-year-old Simone Sanders moved a chair from under Sean Steele as he lowered himself to sit. Sanders watched Steele begin the motion and knew he would land on the floor. The resulting fall supported battery because Sanders knew with substantial certainty that the contact would occur.
Sterling Manufacturing's auditor prepared a report knowing the client would distribute it to a specific class of investors. The auditor knew those investors would rely on the report in their transactions because the engagement letter identified that class. The investors' reliance supported the intent element for an intentional tort because the auditor knew reliance was substantially certain.
No. The mental state is satisfied when the actor knows the consequence is substantially certain to follow even if the actor does not desire the harm. This distinction separates intent from mere negligence or recklessness.
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Substantial certainty requires that the actor realize the consequence will occur, not merely that it is highly likely. A grave risk alone supports negligence or recklessness but does not meet the intent threshold.
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Yes. A young child can form the requisite intent when the child knows with substantial certainty that harmful or offensive contact will result from the act.
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Yes. An actor who knows with substantial certainty that a structure or third person will enter another's land satisfies the intent element for trespass.
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…or apprehension. Such realization may make the actor’s conduct negligent or even reckless but unless he realizes that to a substantial certainty, the contact or apprehension will result, the actor has not that intention which is necessary to make him liable under the rule stated in this Section.” A battery would be established if,…