LAW 122 Chapter 5: Chapter 5 Notes
Document Summary
Usually occurs when two or more defendants agree to act together with the primary purpose of causing a financial loss to the plaintiff. Rules are different if the defendants" injured the plaintiff by conspiring to perform an unlawful act. In that situation, the court does not have to be satisfied that the defendants" primary purpose was to hurt the plaintiff. It is enough if the defendants should have known that their actions might have that result. Occurs when the plaintiff suffers a loss as a result of the defendant"s threat to commit an unlawful act against either the plaintiff or a third party. Occurs when the defendant directly coerces the plaintiff into suffering a loss. The plaintiff must prove that the defendant threatened to commit an unlawful act. The tort does not occur unless the threatened party gave in to the intimidation. As long as the other elements of the tort are established, there is no need to prove.