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  • Level: GCSE
  • Subject: Law
  • Word count: 2479

Tort Project 2003

Extracts from this document...

Introduction

NAME: Vivienne Matthews O'Neill STUDENT NUMBER: 00394556 LECTURER: Ms Kathleen Moore-Walsh TITLE: The concept of transferred malice is not accepted in Irish tort law, why not? WORD COUNT: DATE DUE: 5th December 2003 10 Contents 1. Introduction 2. Main theory >what is a battery >what is transferred malice >transferred malice in crime >Livingstone v Ministry of Defence >other jurisdictions opinion 3. Conclusion 4. Bibliography 10 Introduction The title of this assignment, which i propose that i shall be revisiting for the purposes of this tort project is that: "the concept of transferred malice is not accepted in Irish tort law" In dealing with this topic I will inevitably be looking at what a battery is, what is transferred malice, cases in other jurisdictions which have accepted the concept of transferred malice in tort law, transferred malice in crime and why it is accepted in criminal law, and finally my arguments as to why I believe it should be adopted into our jurisdiction. In examining this topic it will be necessary to refer to case law of a number of jurisdictions such as America, Australia, the UK, Northern Ireland, and Ireland. ...read more.

Middle

to be successful so if a form of this doctrine was introduced to Irish tort law the courts could lay down similar guidelines to prevent the doctrine from being abused. One jurisdiction which has accepted the concept of transferred malice in relation to battery in tort law is Northern Ireland. In researching this project it was difficult to uncover many cases where transferred malice has been accepted so when one as close as across the border from us arose it made me question even more why we have not yet accepted the process or if we ever will. The case in which is being used to highlight that sometimes transferred malice will be accepted is Livingstone v Ministry of Defence13. In this case the plaintiff was struck and injured by a baton round fired by a soldier at a time when the security forces had cordoned off streets in the vicinity of Divis Street and Millfield in Belfast in order to prevent an unlawful procession reaching the centre of the city. It was part of the case for the defence that baton rounds were fired by the security forces after they had been attacked by rioters who threw stones and bricks and other missiles at them, this claim was not seriously disputed by the plaintiff. ...read more.

Conclusion

The defendant was convicted of battery on the baby. The Court held that direct can include via another person so for example setting a dog on someone can be direct force22. The concept of transferred malice could have been successfully applied here also to achieve the same outcome. CONCLUSION In concluding this argument, I would like to clearly point out that in America the concept of transferred intent /malice has been accepted and is established in the Doctrine of Transferred Intention23. I believe through the case law i have been able to locate on the issue of transferred intent /malice being used in American tort law, that it has proven to be quite successful since it has been introduced. Northern Ireland has also proven that a doctrine is quite workable and can be successfully applied in tort law24. Even though since the application of this doctrine in the Livingstone case no further progress or guidelines have been laid down by the courts in relation to this issue. England currently has no doctrine of transferred intent / malice in tort law but it has widened its view25 towards the acceptance of such a doctrine and may be accepted fully into tort law in the near future. ...read more.

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