An obvious response to this tension is to dismiss the doctrine of transferred intent as the archaic relic of a bygone legal age. That response would have been consistent with Cardozo’s suggestion that allowing the victim of a harmful action to sue for the breach of a duty owed to another would be “to ignore the fundamental difference between tort and crime.”129 Transferred intent doctrine has its roots in the early writ of trespass, which sat somewhat indeterminately at the border of crime and tort (as we understand those legal categories today).130 The doctrine continues to play an important role in the criminal law, which few are prepared to abandon. But it is possible to maintain that the doctrine’s persistence in tort law is an archaism that ought to be abandoned.
20:09, 12 марта 2026Наука и техника
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