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Intentional Torts Intentional Torts in Theory and Practice: Elements, De fenses, and Courts’ Remedial Discretion

Abstract:
Intentional torts occupy a central position within tort law. They are distinguished from negligence and strict liability by the element of intent, requiring proof that the defendant either desired to bring about the harmful consequence or acted with knowledge that such harm was substantially certain to result [1]. As Keeton et al. emphasize, intentional torts scrutinize conscious decision-making, reflecting legal and moral condemnation of willful harm. This review explores the conceptual foundations, key torts, defenses, and remedies within intentional tort law, drawing on English and American authorities. It also addresses doctrinal controversies, particularly around the proof of intent and the scope of defenses, situating intentional torts in their broader societal and normative context.