Search engine for discovering works of Art, research articles, and books related to Art and Culture
Javascript must be enabled to continue!
Transferred malice in tort law?
View through CrossRef
Should the doctrine of transferred malice operate in the law of tort? Although there has been little written on this topic in England and Wales, it appears generally to have been accepted by academic commentators that the answer to this question is in the affirmative. Consequently, when the High Court in Bici v Ministry of Defence applied the doctrine to the tort of battery, most regarded this as unremarkable. This paper, however, argues that this position is mistaken: that the doctrine of transferred malice has, and can have, no place in the law of tort. The paper also examines the nature of intention operative in the law of trespass and its relationship with recklessness.
Title: Transferred malice in tort law?
Description:
Should the doctrine of transferred malice operate in the law of tort? Although there has been little written on this topic in England and Wales, it appears generally to have been accepted by academic commentators that the answer to this question is in the affirmative.
Consequently, when the High Court in Bici v Ministry of Defence applied the doctrine to the tort of battery, most regarded this as unremarkable.
This paper, however, argues that this position is mistaken: that the doctrine of transferred malice has, and can have, no place in the law of tort.
The paper also examines the nature of intention operative in the law of trespass and its relationship with recklessness.
Related Results
1. Tort: law and system
1. Tort: law and system
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises he...
1. Tort: law and system
1. Tort: law and system
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises he...
1. Tort: law and system
1. Tort: law and system
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises he...
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere is a monograph that argues for a fundamental reorientation of constitutional law around the realities of biospheric interdep...
Mezinárodní právo na prahu 21. století (dosažený stav, neúspěchy a perspektivy)
Mezinárodní právo na prahu 21. století (dosažený stav, neúspěchy a perspektivy)
The study deal with selected problems of international law at the time of change of the 20th and 21st centuries. Such a milestone gives an opportunity to review the achieved state ...
Paul’s view of the law in Romans and the Ethiopic tradition
Paul’s view of the law in Romans and the Ethiopic tradition
ABSTRACT
This dissertation examines Paul’s view of the law in Romans, interacting with modern exegetical traditions addressing the Old, New, and Radical New Perspectives, aiming to...
Genesis of the development of administrative-tort relations
Genesis of the development of administrative-tort relations
The article examines the history of administrative tort law and administrative tort process as subsectors of administrative law and administrative process, their controversial and ...