12.8 Aiding and Abetting.

• Jurisdiction: Arizona

12.8 Aiding and Abetting. Aiding and abetting the tortious conduct of another requires the following elements: (1) a primary tortfeasor must commit a tort injuring the plaintiff; (2) the defendant must know that the primary tortfeasor’s conduct involved a breach of duty; and (3) the defendant must substantially assist or encourage that breach.¹⁵⁴ The court of appeals recently identified a fourth element: (4) a causal relationship exists between the assistance or encouragement and the primary tortfeasor’s breach.¹⁵⁵

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Notes:

^[154] Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 485, 38 P.3d 12, 23 (2002); Restatement (Second) of Torts § 876.

Knowledge: “Because aiding and abetting is a theory of...