Textbook Notes (381,222)
CA (168,408)
Ryerson (11,741)
LAW (916)
LAW 122 (626)
Chapter 5

Chapter 5 Notes

4 Pages
238 Views

Department
Law and Business
Course Code
LAW 122
Professor
Kernaghan Webb

This preview shows page 1. Sign up to view the full 4 pages of the document.
Chapter 5: Miscellaneous Torts Affecting
Business
CONSPIRACY
-Usually occurs when two or more defendants agree to act together with the
primary purpose of causing a financial loss to the plaintiff. It is hard to prove.
- Rules are different if the defendants injured the plaintiff by conspiring to
perform an unlawful act. In that situation, the court does not have to be satisfied
that the defendants primary purpose was to hurt the plaintiff. It is enough if the
defendants should have known that their actions might have that result.
INTIMIDATION
-Concerned with unethical business practices.
-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.
Two party Intimidation
-Occurs when the defendant directly coerces the plaintiff into suffering a loss.
Three-party Intimidation
-Occurs when the defendant coerces a third party into acting in a way that
hurts the plaintiff.
Whether intimidation involves two or three parties, the basic rules remain the same.
The plaintiff must prove that the defendant threatened to commit an unlawful act.
The tort does not occur unless the threatened party gave in to the intimidation.
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.
INTERFERENCE WITH CONTRACTUAL RELATIONS
-Occurs when the defendant disrupts a contract that exists between the
plaintiff and a third party.
Direct inducement to breach of contract
-Occurs when the defendant directly persuades a third party to break its
contract with the plaintiff. Liability requires four factors:
The defendant must know about the contract that exists between the third party and
the plaintiff.
The defendant must intend to cause the third party to breach that contract.
The defendant must actually cause the third party to break its contract with the
plaintiff.
The plaintiff must suffer a loss as a result of the defendants conduct.
Indirect inducement to breach of contract
-Occurs when the defendant indirectly persuades a third party to break its
contract with the plaintiff.
-Liability depends on the same 4 factors PLUS proof that the defendants
actions were themselves unlawful.
UNLAWFUL INTERFERENCE WITH ECONOMIC RELATIONS
-Occurs if the defendant commits an unlawful act for the purpose of causing
the plaintiff to suffer an economic loss.
Three Requirements:
There must be intent to injure.
www.notesolution.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
Chapter 5: Miscellaneous Torts Affecting Business C ONSPIRACY - Usually occurs when two or more defendants agree to act together with the primary purpose of causing a financial loss to the plaintiff. It is hard to prove. - Rules are different if the defendants injured the plaintiff by conspiring to perform an unlawful act. In that situation, the court does not have to be satisfied that the defendants primary purpose was to hurt the plaintiff. It is enough if the defendants should have known that their actions might have that result. INTIMIDATION - Concerned with unethical business practices. - 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. Two party Intimidation - Occurs when the defendant directly coerces the plaintiff into suffering a loss. Three-party Intimidation - Occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff. Whether intimidation involves two or three parties, the basic rules remain the same. The plaintiff must prove that the defendant threatened to commit an unlawful act. The tort does not occur unless the threatened party gave in to the intimidation. 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. INTERFERENCE WITH CONTRACTUAL RELATIONS - Occurs when the defendant disrupts a contract that exists between the plaintiff and a third party. Direct inducement to breach of contract - Occurs when the defendant directly persuades a third party to break its contract with the plaintiff. Liability requires four factors: The defendant must know about the contract that exists between the third party and the plaintiff. The defendant must intend to cause the third party to breach that contract. The defendant must actually cause the third party to break its contract with the plaintiff. The plaintiff must suffer a loss as a result of the defendants conduct. Indirect inducement to breach of contract - Occurs when the defendant indirectly persuades a third party to break its contract with the plaintiff. - Liability depends on the same 4 factors PLUS proof that the defendants actions were themselves unlawful. U NLAWFUL INTERFERENCE WITH ECONOMIC RELATIONS - Occurs if the defendant commits an unlawful act for the purpose of causing the plaintiff to suffer an economic loss. Three Requirements: There must be intent to injure. www.notesolution.com
More Less
Unlock Document


Only page 1 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit