LAW 122 Chapter Notes - Chapter 5: Caveat Emptor, Risk Management
22 Aug 2016
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Business torts: the plaintiff must prove that the defendant actually realizes and perhaps desires, that certain acts will have certain consequences for the plaintiff. If not lawful, courts are reluctant: defendants should have known, their actions might hurt the plaintiff. 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. 3 party intimation: defendant coerces a third party to hurt a plaintiff. Third party acts in a way that causes the plaintiff to suffer a loss. Rules for both third party and second party. Occurs when the defendant disrupts a contract that exists between the plaintiff and third party. A direct inducement of a breach of contract: occurs when defendant directly persuades 3rd part to break its contract with the plaintiff.
