• 2000 - Acting in Concert
  • C-2.17
    • Joint Liability
    • Negligence
    • Tort Liability
  • Two or more persons who, in pursuing a common plan or design to commit a wrongful act, actively take part in the act or further it by cooperation or request are “acting in concert.” Mere knowledge by each person of what the other is doing is insufficient to make each liable for the acts of the other, and mere presence at the commission of the wrong, or failure to object to it, is similarly insufficient. To find that two or more persons “acted in concert,” there must be an express or tacit agreement to commit the wrongful act.
    • 32-03.2-02
    • Hurt v. Freeland, 1999 ND 12, 598 NW2d 551
    • Reed v. UND, 1999 ND 25, 589 NW2d 880
    • Target Stores v. Automated Maintenance, 492 NW2d 899 (ND 1992)
  • Notes: