AZ Common Law Causes of Action AIDING AND ABETTING (2011)

• Jurisdiction: Arizona

AIDING AND ABETTING

Elements

“Claims of aiding and abetting tortious conduct require proof of three elements:

(1) the primary tortfeasor must commit a tort that causes injury to the plaintiff;

(2) the defendant must know that the primary tortfeasor’s conduct constitutes a breach of duty; and

(3) the defendant must substantially assist or encourage the primary tortfeasor in the achievement of the breach.”

Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 485, ¶ 34, 38 P.3d 12, 23 (2002); see also Restatement (Second) of Torts § 876(b) (1979).

Proof

“[A]iding and abetting liability is based on proof of a scienter . . . the defendants must know that the conduct they are aiding and abetting is a tort.” Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 485, ¶ 33, 38 P.3d 12, 23 (2002).

“Because aiding and abetting is a theory of secondary liability...