Also known as:intimidation · intimidation tort · tortious intimidation
Written by attorneys — see sources below.
A tort by which a defendant causes harm to the plaintiff through unlawful threats that induce the plaintiff or a third party to act or refrain from acting in a manner that produces loss to the plaintiff.
See Our Sources
How its tested
Common Examples
6
Threat Forces Property Surrender
Tyler Taylor stood outside Tundra Resources' warehouse and threatened to harm the night guard's family unless the guard opened the gate and handed over a shipment of equipment. The guard complied out of fear. The taking occurred from the victim's immediate presence by intimidation.
Intimidation Secures Immediate Taking
Taliah Tang confronted Tori Taylor in a parking lot and threatened to shoot her unless Tori handed over her briefcase containing client files. Tori surrendered the briefcase immediately. The threats involved immediate risk of serious physical injury.
Threats Enable Unauthorized Entry
Tiana Tan gained access to Titan Industries' locked office by threatening the receptionist with immediate harm to her child unless the receptionist unlocked the door. Once inside, Tiana removed documents. Entry was accomplished by intimidation.
Tyrone Tran threatened Terra Financial's key supplier with economic ruin unless the supplier stopped dealing with Terra. The supplier canceled its contract. Terra Financial sued Tyrone for the tort of intimidation after losing the business relationship.
Official Threats Cause Resignation
Thaddeus Tran, a supervisor at Talon Security, threatened an employee with fabricated charges unless the employee resigned immediately. The employee resigned and later sued Thaddeus for the tort of intimidation after losing wages and benefits.
Boycott Threats Harm Competitor
Talon Security organized a campaign threatening retailers with loss of other business unless they stopped carrying Terra Financial products. Several retailers complied. Terra Financial sued Talon for the tort of intimidation after suffering lost sales.
3 common questions
Students Frequently Ask...
How does the tort of intimidation differ from intentional infliction of emotional distress?
The tort of intimidation requires unlawful threats that cause a third party or the plaintiff to alter conduct and produce economic loss to the plaintiff. IIED instead focuses on extreme and outrageous conduct that directly causes severe emotional distress in the plaintiff.
Does the tort of intimidation require the threat to be directed only at the plaintiff?
No. The tort reaches threats made to a third party when those threats cause the third party to act or refrain from acting in a way that harms the plaintiff.
What type of harm must the plaintiff prove in a tort of intimidation claim?
The plaintiff must show actual loss, typically economic, that results from the induced action or inaction of the plaintiff or a third party.
376 U.S. 254 (1964)
…into submission." Sixth paragraph: "Again and again the Southern violators have answered Dr. King's peaceful protests with intimidation and violence. They have bombed his home almost killing his wife and child. They have assaulted his person. They have arrested him seven timesfor speeding,' loitering' and similar…