This Article takes as its starting point Tony Weir’s comparative essays on the law of torts. In particular it examines the circumstances in which requirement to establish malice subsists in the intentional torts and tracks “the staggering march of negligence” first charted by Weir fifteen years ago. As the conclusion argues, this process is certain to continue unless greater precision can be achieved identifying the element of intention entailed in different wrongs and the interests thereby protected.
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- Professor of Scottish Private Law, University of Edinburgh.
- 87 Tul. L. Rev. 901 (2013)