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Legal History Commons

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Full-Text Articles in Legal History

The Prosser Myth Of Transferred Intent, Peter B. Kutner Jul 2016

The Prosser Myth Of Transferred Intent, Peter B. Kutner

Indiana Law Journal

The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in the First …


Theme V. Reality In American Legal History: A Commentary On Horwitz, The Transformation Of American Law, 1780-1860, And On The Common Law In America, R. Randall Bridwell Apr 1978

Theme V. Reality In American Legal History: A Commentary On Horwitz, The Transformation Of American Law, 1780-1860, And On The Common Law In America, R. Randall Bridwell

Indiana Law Journal

No abstract provided.


A Concise History Of The Common Law, By Theodore F.T. Plucknett, Robert C. Brown Feb 1931

A Concise History Of The Common Law, By Theodore F.T. Plucknett, Robert C. Brown

Indiana Law Journal

No abstract provided.