LAW 122 Chapter Notes - Chapter 5: Malicious Falsehood, Drag Racing
17 Feb 2013
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Remedies: remeber, since these are torts, and not contracts, the remedy looks backward instead of forward. The plaintiff would only be put back into the position where they started, not after the defendant"s action. Intimidation: 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. Two-party intimidation: when defendant directly coerces the plaintiff into suffering a loss. Three-party intimidation: when the defendant coerces a third party into acting in a way that hurts the plaintiff. 1: plaintiff must prove that the defendant threatened to commit an unlawful act. 2: tort does not occur unless the threatened party gave in to the intimidation. 3: as long as 1 and 2 are unfilled, plaintiff need not to prove defendant intended to cause loss or damage.
