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Prosser Transferred Intent 45 Tex L Rev 650 1967
A Tort Action For Racial Insults Epithets
John P Finan John Ritson Tortious Necessity The Privileged Defense
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accident activity analysis apply approach argue assumption of risk avoid award behavior but-for causation cause of action child claims common law comparative negligence compensation concern consequences context contributory negligence costs criminal dangerous decision defamation defective defendant defendant's conduct determine deterrence doctrine Dun & Bradstreet duty economic loss emotional distress emotional harm enterprise liability evidence existence fact factor foreseeable genetic counselling Hand Formula impose intentional torts interest involved issue judge judgment judicial jurisdictions jury landlord libel limited litigation malpractice manufacturer mental pain and suffering patient plaintiff potential principle problem products liability Professor proof Prosser protect proximate cause punitive damages question racial insults rationale reasonable person standard reasonable woman recognize recover recovery relationship res ipsa loquitur Restatement Second result rule situation social statute strict liability suggested Supreme Court Tarasoff theory tion tort law transferred intent unreasonable victim warn wrongful birth