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Those acts in the execution of a conspiracy or any other illegal combination. Concerted action creates liability for all for the acts of each other in furtherance of the illegal combination or those results reasonably foreseeable to be in its furtherance.


Prosser's explanation of the historic context of the concerted action theory of liability is helpful. It provides: The original meaning . . . was that of vicarious liability for concerted action. All persons who acted in concert to commit a trespass, in pursuance of a common design, were held liable for the entire result. In such a case there was a common purpose, with mutual aid in carrying it out; in short, there was a joint enterprise, so that 'all coming to do an unlawful act, and of one party, the act of one is the act of all of the same party being present.' Each was therefore liable for the entire damage done . . . . [S]ince each was liable for all, the jury would not be permitted to apportion the damages. W. Page Keeton, Prosser and Keeton on The Law of Torts § 46, at 322-23 (5th ed. 1984) (quoted citations omitted). This historic ...

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