Abstract
By analysing related English legal doctrine and case-law this article argues for the possibility of reinterpreting national tort law rules so as to recognise the importance of the intention to harm in two different contexts, namely: as a condition for attributing liability for the harm derived from certain activities, in particular out of the exercise of freedoms or rights such as the liberty to compete and the right to bring legal actions; and as a factor that should determine the extension of liability to all damages directly caused by the civil delict, including those which could not be foreseen at the time the tort was committed, without the victim’s contributory negligence having the effect of lessening the wrongdoer’s liability.
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