What is the standard for determining whether an objective, reasonable person would have known that actions were substantially certain to injure the creditor?
MultiRegion, United States of America
The following excerpt is from Kelley v. Siddiqui (In re Siddiqui), Adv. No. 2:14-ap-01549 RK, Case No. 2:14-bk-19653 RK (Bankr. C.D. Cal. 2017):
Restatement (Second) of Torts, 8A, comment A (1964). The standard focuses on the debtor's subjective intent, and not "whether an objective, reasonable person would have known that the actions in question were substantially certain to injure the creditor." Carrillo v. Su (In re Su), 290 F.3d 1140, 1145-1146 (9th Cir. 2002) (citations omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a victim's subjective state of mind matter in determining whether a defendant's actions would inspire fear in a reasonable person? (MultiRegion, United States of America)
What is the test for determining whether a reasonable person would have understood that the actions of a defendant were unlawful? (MultiRegion, United States of America)
Is the location of the negligent act where the injured service member was injured a factor in determining whether he would be able to recover? (MultiRegion, United States of America)
What is the standard for determining whether a director exercised care, diligence and skill of a reasonably prudent person? (Canada (Federal), Canada)
What is the test for a jury to find that a reasonable person would have known that a man would be assaulted if he was walking with a member of another race? (MultiRegion, United States of America)
What is the test for determining whether an employer is acting in bad faith when it fails to engage in an interactive process to determine whether reasonable accommodations are possible? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act? (Canada (Federal), Canada)
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons? (Canada (Federal), Canada)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
