Novo Nordisk’s shares fell sharply on Monday after the results from testing the Danish company’s CagriSema drug fell short of investors’ expectations.
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For that reason, excising transferred intent doctrine would compel the law to draw distinctions between plaintiffs that seem morally absurd. Suppose that a defendant attempts to murder his romantic rival A by shooting at a figure that looks like A, but the figure is in fact a mannequin; the bullet goes through the ground where it pierces the heart of another person who is unforeseeably buried alive beneath it (and would have been dug out in due course, had she not been shot). Even without a doctrine of transferred intent, the law would appear to hold the defendant liable in battery to the victim if the victim happens to be A, for in that case the defendant has killed A by acting on an intention to kill him (strange though the causal route may be).139 Without a doctrine of transferred intent, the law will hold the defendant liable to the victim only if the victim happens to be A, rather than some different person B. That seems absurd.