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Canada (161,798)
LAW 122 (625)
Chapter

LAW122 - CHAPTER 5

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Department
Law and Business
Course
LAW 122
Professor
Asher Alkoby
Semester
Summer

Description
CHAPTER 5 MISCELLANEOUS TORTS AFFECTING BUSINESSCONSPIRACY Usually occurs when two or more defendants agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss No tort is only one person inflicts an economic injury Hard to prove because reluctant to find that the defendants cooperated for the primary purpose of hurting the plaintiff If the defendants conspired to perform an otherwise unlawful act the court will require proof that the defendants should have known that their actions might hurt the plaintiffINTIMIDATION 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 partyHas two branches1 Twoparty intimidation occurs when the defendant directly coerces the plaintiff into suffering a loss eg the manager of a supermarket uses threats of physical violence to frighten the owner of a small convenience store into closing down2 Threeparty intimidation occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff Basic Rules1Plaintiff must prove that the defendant threatened to commit an unlawful act2The tort does not occur unless the threatened party gave in to the intimidation3As long as the other elements of the tort are established there is no need to prove that the defendant intended to hurt the plaintiffINTERFERENCE WITH CONTRACTUAL RELATIONS Occurs when the defendant disrupts a contract that exists between the plaintiff and a third party Example Hiring your competitors best workers and preventing them from performing their jobs1 Direct inducement to breach of contractOccurs when the defendant directly persuades a third party to break its contract with the plaintiffRequires four factorsi The defendant must know about the contract that exists between the third party and the plaintiffdoesnt have to know the detailsii The defendant must intend to cause the third party to breach that contractdoesnt have to intend to hurt the plaintiff the tort may be committed even if the defendant is motivated by a desire to benefit itselfiii The defendant must actually cause the third party to break its contract with the plaintiffiv The plaintiff must suffer a loss as a result of the defendants conduct usually that requirement is satisfied by the fact that the third party does not perform its contract with the plaintiff2 Indirect inducement to breach of contract Occurs when the defendant indirectly persuades a third party to break its contract with the plaintiff
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