LAW 122 Chapter Notes - Chapter 5: Statutory Authority, Strict Liability, Caveat Emptor
Document Summary
Occurs when two or more defendants agree to act together with primary purpose of causing the plaintiff to suffer a financial loss: hard to prove, conspiracy is hard to establish if the defendants actions were lawful. Occurs when the plaintiff suffers loss as a result of the defendant"s threat to commit an unlawful act against either the plaintiff or a third party. 1st, the plaintiff must prove that the defendant threatened to commit an unlawful act (crime, tort, or even breach of contract). 2nd, tort does not occur unless the threatened party gave in to the intimidation. 3rd, if other parts are proven, then intention of defendant is not required to be proven. Occurs if the defendant makes a false statement, which they know to be untrue, with which they intend to mislead the plaintiff, causing the plaintiff to suffer a loss: defendant must make a false statement. Person who does not have permission to enter the premises (ex: burglar)