Also known as: substantial certainty
Written by attorneys · grounded in primary & secondary sources — see below
A mental state in which an actor believes that particular consequences will follow from his conduct. This belief satisfies the intent element for intentional torts even when the actor does not desire those consequences.
Simone Sanders began to lower herself into a chair at a family gathering. Scott Summers, standing nearby, pulled the chair away believing Simone would fall to the ground. Simone fell and suffered a fractured hip. The court treats Scott's knowledge that the fall was substantially certain to occur as satisfying the intent element for battery.
Sapphire Technologies directed workers to drive posts and moor boats that crossed the surveyed line onto Sasha Stone's waterfront parcel. The company knew the precise location of the boundary markers. The resulting occupation of Sasha's cove satisfies the intent requirement for trespass because the company knew the intrusion was substantially certain to result.
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Five-year-old Sydney Santos pulled a chair out from under her grandmother Sophia Singh as Sophia began to sit. Sydney knew with substantial certainty that Sophia would fall and strike the floor. The resulting contact and injury support a battery claim even though Sydney did not desire to cause harm.
Sterling Dynamics prepared an audit report knowing that third-party investors would rely on it to decide whether to extend credit. The report contained material misstatements. Because the company knew investor reliance and resulting harm were substantially certain, the court treats the distribution as intentional conduct for purposes of the tort claim.
No. The mental state is satisfied when the actor believes the consequence is substantially certain to follow even if the actor does not desire the harm itself.
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Substantial certainty requires the actor to believe the consequence is practically certain to occur. Recklessness involves awareness of a substantial risk that the consequence may occur but does not rise to the level of practical certainty.
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Yes. A child satisfies the intent element when the child knows with substantial certainty that harmful or offensive contact will result from the act even if the child does not desire the resulting injury.
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Yes. An actor who knows with substantial certainty that a thing or third person will enter land in the possession of another satisfies the intent requirement for trespass.
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…purpose of causing the contact or apprehension or with knowledge on the part of the actor that such contact or apprehension is substantially certain to be produced.” See, also, Prosser on Torts 41, § 8. We have here the conceded volitional act of Brian, i.e. , the moving of a chair. Had the plaintiff proved to the satisfaction of the…