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LAW 122 (625)
Chapter 5

Chapter 5 - Miscellaneous Torts Affecting Business

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Law and Business
LAW 122
Theresa Miedema

Chapter 5 Miscellaneous Torts Affecting Business BACKROUND RULES recurring tension in business law o aggressive competition vs fair play o market forces vs legal intervention acts permitted unless specifically prohibited o business torts: the exception not the rule CONSPIRACY Conspiracy: occurs when two or more defendants agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss If the actions are: o Lawful the court will require proof that the defendants primary purpose was to hurt the plaintiff o Unlawful the court will merely require proof that the defendants should have known that their actions might hurt the plaintiff INTIMIDATION Intimidation: 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. o Two-party intimidation: when the defendant directly coerces the plaintiff into suffering a loss. o Three-party intimidation: occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff Basic rules must be followed for presence of intimidation o (1) the plaintiff must prove that the defendant threatened to commit an unlawful act o (2) the tort does not occur unless the threatened party gives in to the intimidation o (3) 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. www.notesolution.com
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