Also known as: substantially certain consequence · substantial certainty of consequences · substantial certainty · substantially certain
Written by attorneys · grounded in primary & secondary sources — see below
A mental state in which an actor believes that particular results will follow from conduct. This belief satisfies the intent element for intentional torts even without a desire to produce the outcome.
Lillian placed both hands on Kayla's shoulders and applied firm pressure to guide her down the bus steps. Kayla carried shopping bags and stumbled, fracturing her wrist. Lillian knew the forceful contact on the steps was substantially certain to produce harmful contact. Kayla sued for battery.
Zenith Coastal directed employees to drive posts and moor boats that crossed the surveyed boundary into Edwin's cove. The company knew the location of the markers. The boats and customer foot traffic were substantially certain to occupy Edwin's land. Edwin sued for trespass.
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An accounting firm prepared an audit report knowing third-party investors would rely on it for a specific transaction. The firm understood the report would reach those investors and that any material misstatement was substantially certain to cause economic loss. Investors sued after suffering harm from reliance.
Five-year-old Brian pulled a chair away from the spot where his aunt was about to sit. He knew she would fall to the ground if the chair was not there. The fall and resulting injury were substantially certain to occur from the act. The aunt sued for battery.
Substantial certainty satisfies intent when the actor believes the result will occur even if the actor does not want the harm itself. Desire is an alternative way to prove intent but is not required.
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No. The actor need only believe the contact or invasion is substantially certain to result. The precise nature or extent of the resulting injury need not be foreseen.
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Yes. A very young child can satisfy the intent element if the child knows with substantial certainty that harmful or offensive contact will occur from the act.
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An invasion is not intentional when the actor does not know the result is substantially certain to follow. Liability then turns on negligence rather than intent.
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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,…