Intention in Tort Law


in The Philosophical Foundations of Tort Law

Published in print July 1997 | ISBN: 9780198265795
Published online March 2012 | e-ISBN: 9780191682971 | DOI:
Intention in Tort Law

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This chapter indicates how academic writings as widely different as economic analysis of law and the restatement of torts have obscured the reality of intentions, and how that reality is clarified in the judicial development of doctrines as widely different as battery and conspiracy to injure in trade and labor relations. Intention is a tough, sophisticated, and serviceable concept. Included in one’s intention is everything which is part of one’s plan (proposal), whether as purpose or as way of effecting one’s purpose(s): everything which is part of one’s reason for behaving as one does. In reading the words ‘plan’, ‘proposal’, ‘deliberation’, and ‘choice’, one should ignore all connotations of formality and ‘deliberateness’; in the relevant sense there is a plan or proposal wherever there is trying, or doing (or refraining from doing) something in order to bring about something or as a way of accomplishing something.

Keywords: law; restatement; torts; intention; plan; proposal; deliberation; choice; battery; conspiracy

Chapter.  10095 words. 

Subjects: Jurisprudence and Philosophy of Law

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