LAW 122 Chapter Notes - Chapter 5: Punitive Damages, Malicious Falsehood
27 Oct 2016
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Law122 chapter 5: miscellaneous torts affecting businesses (textbook notes) The tort of conspiracy usually occurs when two or more defendants agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss: generally hard to prove. Courts are reluctant to find that the defendants co-operated for the primary purpose of hurting the plaintiff. If the defendants" actions were otherwise lawful, then conspiracy is different to establish because the court will require proof that the defendants" primary purpose was to hurt the plaintiff. Situation is different, however, if the defendants" were out to cause an unlawful act. If so, then the court will merely require proof that the defendants should have known that their actions might hurt the plaintiff. 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: splits into two branches.
