LAW 122 Chapter Notes - Chapter 5-6: Qualified Privilege, Malicious Falsehood, Justifiable Homicide
7 Feb 2016
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Recurring tension in business law: aggressive competition vs fair play, free market vs legal intervention. General rule is that all acts are permitted in the conduct of business unless specifically prohibited. Therefore, business torts are the exception, not the rule. Situation where 2 parties or more agree to act together with the primary purpose of causing the plaintiff to suffer financial loss. If conspiracy to commit lawful act (defendants" primary purpose was to hurt plaintiff) If conspiracy to commit unlawful act (defendants should have known risk of harm) There will be no liability if one party hurts another economically. Even though the single party may be a powerful multinational. There will be liability is 2 parties hurt another economically. Even though 2 parties may be weak individuals. Situation where a 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.
