LAW 122 Chapter Notes - Chapter 5: Justifiable Homicide, Strict Liability, Statutory Authority
23 Apr 2013
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Document Summary
Background rules: recurring tension in business law. Market forces vs legal intervention: acts permitted unless specifically prohibited. Business torts: the exception not the rule. No tort if one person deliberately inflicts an economic injury on another. Conspiracy- usually occurs when 2 or more defendants agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss. Hard to prove courts reluctant to find the defendants co-operated for the primary purpose of hurting the plaintiff. Lawful actions conspiracy difficult to establish: proof defendants primary purpose was to hurt plaintiff. Unlawful actions agree to commit a tort: should have known their actions might hurt the plaintiff. 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. 2-party intimidation defendant directly coerces the plaintiff into suffering a loss: unlawful threat other than breach of contract.
