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Transferred malice in tort law?

Transferred malice in tort law?
Transferred malice in tort law?
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.

0143-6503
400-420
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595

Beever, Allan (2009) Transferred malice in tort law? Oxford Journal of Legal Studies, 29 (3), 400-420. (doi:10.1111/j.1748-121X.2009.00128.x).

Record type: Article

Abstract

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.

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Published date: September 2009

Identifiers

Local EPrints ID: 147953
URI: https://eprints.soton.ac.uk/id/eprint/147953
ISSN: 0143-6503
PURE UUID: 272bbb7f-044e-4abe-a208-8f3fbd2250c3

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Date deposited: 27 Apr 2010 09:02
Last modified: 19 Jul 2019 23:26

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