3610. Aiding and Abetting Tort Essential Factual Elements

3610. Aiding and Abetting Tort--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed by [name of actor]'s [insert tort theory, e.g., assault and battery] and that [name of defendant] is responsible for the harm because [he/she] aided and abetted [name of actor] in committing the [e.g., assault and battery]. If you find that [name of actor] committed [a/an] [e.g., assault and battery] that harmed [name of plaintiff], then you must determine whether [name of defendant] is also responsible for the harm. [Name of defendant] is responsible as an aider and abetter if [name of plaintiff] proves all of the following: 1. That [name of defendant] knew that [a/an] [e.g., assault and battery] was [being/going to be] committed by [name of actor] against [name of plaintiff]; That [name of defendant] gave substantial assistance or encouragement to [name of actor]; and That [name of defendant]'s conduct was a substantial factor in causing harm to [name of plaintiff]. 2. 3. Mere knowledge that [a/an] [e.g., assault and battery] was [being/going to be] committed and the failure to prevent it do not constitute aiding and abetting. ________________________________________________________________________________ New April 2008; Revised December 2015