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The idea that the operative instincts behind transferred intent doctrine sound in agential culpability is far from a novel one. This idea is suggested by Prosser and Keeton on the Law of Torts157 and equally authoritative English authority,158 as well the Third Restatement, which accordingly prescribes that the doctrine should be interpreted and applied in light of the tortfeasor’s degree of culpability.159 There is no way of interpreting the doctrine, however, that will entirely cure its mismatch with the common moral convictions that underlie and justify it. For there are situations, such as the hypothetical just discussed, in which the terms of the transferred intent fiction plainly call for recovery, but this underlying justification supplies no basis for it.160 Conversely there are cases in which this underlying justification is fully implicated but the terms of the transferred intent fiction are silent.。pg电子官网对此有专业解读
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