Also known as: actively induce · active inducement · actively induced · inducement · inducing infringement
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by which one party intentionally encourages or causes another to engage in unlawful or prohibited activity. The conduct supplies the element of inducement that triggers liability or remedies.
Defense counsel Ariana Azizi meets with a key eyewitness before trial and offers the witness a cash payment in exchange for testimony that contradicts the prosecution's timeline. The witness accepts and alters his account on the stand. The court finds that Azizi actively induced the false testimony through a prohibited inducement.
Tenant Arcadia Retail opens a competing store across the street in direct violation of its lease covenant with landlord Azure Solutions. After notice and a reasonable cure period, Azure Solutions terminates the lease. The landlord establishes that the tenant's breach deprived it of a significant inducement to enter the lease.
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Donor Adam Anderson executes a will that omits his daughter because he mistakenly believes she predeceased him. Clear and convincing evidence shows the mistake of fact in inducement affected the terms. The court reforms the will to include the omitted bequest.
Settlor Alexandra Armstrong executes a trust omitting a intended beneficiary due to a scrivener's error about state law. Clear and convincing evidence establishes both the mistake in inducement and her actual intention. The court reforms the governing instrument to conform to that intention.
An undercover officer posing as a buyer repeatedly pressures Antonio Alvarado to sell narcotics by falsely claiming the transaction is legal under a new statute. Alvarado, who had no prior intent, completes the sale. The court acquits on entrapment grounds because the officer's inducement created a substantial risk that a person not ready to offend would commit the crime.
Landlord Ashford Manufacturing promises in the lease to maintain the HVAC system but fails to do so after repeated requests. Tenant Astra Aerospace loses significant business because the space becomes unusable. The tenant terminates the lease after establishing that the landlord's breach deprived it of a significant inducement to enter the lease.
The lawyer must have offered an inducement to a witness that is prohibited by law or assisted false testimony. The rule focuses on the lawyer's affirmative conduct that encourages the prohibited act.
A mistake in inducement occurs when the donor's decision to include or omit a term was based on an erroneous belief about a fact or law. A mistake in expression occurs when the document's wording fails to capture the donor's actual intention. Both permit reformation upon clear and convincing evidence.
Entrapment occurs when a law enforcement official induces the offense by making knowingly false representations that the conduct is legal or by using persuasion that creates a substantial risk that a person not ready to commit the offense will do so. The defense is unavailable when the offense involves bodily injury to a third party.
After notice and a reasonable opportunity to cure, the landlord may terminate the lease and recover damages or continue the lease and obtain equitable and legal relief including recovery of the reasonable cost of performance.
…of its falsity or with reckless disregard for the truth. This standard administers an extremely powerful antidote to the inducement to media self-censorship of the common-law rule of strict liability for libel and slander. And it exacts a correspondingly high price from the victims of defamatory falsehood. Plainly many…