It is through the doctrine of transferred intent that the law would enforce these intuitive moral liabilities. The attempt to substitute negligence principles in the place of transferred intent doctrine would preclude the law from doing so. In practice, such clean test cases — in which the transferred intent plaintiff is clearly unforeseeable, rather than only arguably so — are unlikely to arise, and certainly they are unlikely to be litigated.138 Still, predicating the victim’s ability to recover in such cases on negligence principles distorts the character of the ordinary moral convictions that underlie the law’s provision for recovery. Intuitively, these convictions have little to do with any thought that the victims are in fact foreseeable to the wrongdoers who injure them. By itself, the doctrine of transferred intent does not elucidate or vindicate these underlying moral instincts, but it permits them greater expression than the Procrustean reliance on negligence principles would allow.
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