LAW 122 Lecture Notes - Lecture 3: Punitive Damages, No Liability, Convenience Store
12 Oct 2016
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Document Summary
Occurs when two or more defendant agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss. The court requires proof that the defendant"s intention was to cause the plaintiff harm. Lawful act hurting the plaintiff must be defendant"s primary purpose. Unlawful act hurting the plaintiff must be foreseeable. Occurs when the plaintiff suffers a loss as a result of the defendant"s threat to commit an unlawful act against either the plaintiff or a third party. Occurs when the defendant directly coerces the plaintiff into suffering a loss. The defendant makes an unlawful threat against the plaintiff that causes the plaintiff to suffer a loss. Example: manager of a supermarket might use threats of physical violence to frighten the owner of a small convenience store into closing down: third-party intimidation. Occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff.
