Transferred Intent
A doctrine in tort law and criminal law that provides that if a defendant intends harm to A but harms B instead, the "intent" is said to be "transferred" to the harm befalling the actual victim as far as defendant's liability to B is concerned. This is only a "fiction," or a legal conclusion, created in order to accomplish the desired result in terms of liability. See Prosser & Keeton, Torts 37 (5th ed. 1984). The doctrine is applicable in criminal law, Model Penal Code §§2.03(2), (3), and finds most frequent application in a homicide context. 330 A. 2d 176.
Substantial certainty, certainly; without a doubt.
2007-10-16 18:51:13
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answer #1
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answered by FRAGINAL, JTM 7
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