LAW 122 Chapter Notes - Chapter 5: Self-Defense, Risk Management, No Liability
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Intimidation: intimidation 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, a tort of intimidation has 2 branches: Two-party intimidation occurs when the defendant directly coerces the plaintiff into suffering a loss (someone with more power frightens person with less power into doing something) Three- party intimidation occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff: basic rules of intimidation remain the same for both branches: The plaintiff must prove that the defendant threatened to commit an unlawful act. The tort doesn"t 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. Danger in luring away competitor"s workers: the basic process that underlies both forms of the tort: