Take the venerable doctrine of transferred intent in battery.54 Suppose that a defendant shoots at one person in an attempt to murder him. He thereby kills a different person who is unforeseeably on the scene. If this unforeseeable plaintiff’s estate brings suit, the defendant will be held liable to the plaintiff by means of the fiction that the defendant “intended” to harm her — although, in truth, the defendant did not intend harm to this plaintiff, or otherwise behave wrongfully toward her, any more than the train operator behaved wrongfully toward the unforeseeable Mrs. Palsgraf.55 For this reason, as Cardozo himself obliquely recognized in Palsgraf (but quickly brushed aside), transferred intent doctrine cannot be reconciled with the Palsgraf principle,56 which insists relational wrongdoing is the moral gravamen and sine qua non of tort liability.57
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(a) the content — that is to say the substance, meaning or purpose — of information transmitted in the course of an electronic service;
In normal cases, new content is appended to the WAL file until the
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U.S. Energy Secretary Chris Wright told NBC he has been “in dialogue” with some of the countries, and said he expected China “will be a constructive partner” in reopening the strait through which one-fifth of global oil exports normally pass.
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