Textbook Notes (368,069)
Canada (161,616)
LAW 122 (618)
Chapter 5

Chapter 5 Notes

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Department
Law and Business
Course
LAW 122
Professor
Kernaghan Webb
Semester
Winter

Description
Chapter 5: Miscellaneous Torts Affecting Business C ONSPIRACY - Usually occurs when two or more defendants agree to act together with the primary purpose of causing a financial loss to the plaintiff. It is hard to prove. - 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. INTIMIDATION - Concerned with unethical business practices. - Occurs when the plaintiff suffers a loss as a result of the defendants threat to commit an unlawful act against either the plaintiff or a third party. Two party Intimidation - Occurs when the defendant directly coerces the plaintiff into suffering a loss. Three-party Intimidation - Occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff. Whether intimidation involves two or three parties, the basic rules remain the same. 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 that the defendant intended to hurt the plaintiff. INTERFERENCE WITH CONTRACTUAL RELATIONS - Occurs when the defendant disrupts a contract that exists between the plaintiff and a third party. Direct inducement to breach of contract - Occurs when the defendant directly persuades a third party to break its contract with the plaintiff. Liability requires four factors: The defendant must know about the contract that exists between the third party and the plaintiff. The defendant must intend to cause the third party to breach that contract. The defendant must actually cause the third party to break its contract with the plaintiff. The plaintiff must suffer a loss as a result of the defendants conduct. Indirect inducement to breach of contract - Occurs when the defendant indirectly persuades a third party to break its contract with the plaintiff. - Liability depends on the same 4 factors PLUS proof that the defendants actions were themselves unlawful. U NLAWFUL INTERFERENCE WITH ECONOMIC RELATIONS - Occurs if the defendant commits an unlawful act for the purpose of causing the plaintiff to suffer an economic loss. Three Requirements: There must be intent to injure. www.notesolution.com
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