North Carolina II, LP v. Branch Banking & Trust Co.Our adoption of Restatement (Second) of Torts § 876 – aiding and abetting tortious conduct – has been limited to situations in which the defendant incited another to tortious conduct. Here, the defendant-bank’s conduct was merely complicit with a contractor’s alleged slander of plaintiffs’ title.

Tagged with: Aiding & Abetting Tort/Negligence

Phillips & Jordan, Inc. v. Bostic Even if North Carolina recognizes the tort of aiding and abetting a breach of fiduciary duty, plaintiff has not alleged such a tort. Plaintiff alleges that each defendant owed it a fiduciary duty; therefore, none of them could have been outside aiders and abettors.

Tagged with: Aiding & Abetting Bankruptcy Breach of Fiduciary Duty Civil Practice Corporate res judicata standing Tort/Negligence

Tong v. Dunn If North Carolina recognizes the tort of aiding and abetting a breach of fiduciary duty, plaintiffs’ allegations are insufficient to state such a claim. Plaintiffs allege that defendant Wylie – both an officer and a director of defendant Engineous Software, Inc. – assisted the Engineous directors in breaching their duties and, since Wylie’s acts as an officer are imputed to the corporation, the corporate defendants are liable for aiding and abetting. However, such an allegation falls within the intra-corporate immunity doctrine. Wylie’s actions cannot give rise to aider and abettor liability under these circumstances because Wylie stands in a direct fiduciary relationship with Engineous, the alleged victim.

Tagged with: Aiding & Abetting Breach of Fiduciary Duty Tort/Negligence

State v. Stokes Defendant forced his 12-year-old son to perform sexual acts upon defendant’s young daughter. Even though the son was acting under duress, defendant is still guilty of aiding and abetting a sex offense. We find no error in defendant’s convictions of aiding and abetting first-degree sex offense, two counts of felony child abuse – sexual act, and first-degree sex offense with a child. We reverse and remand the order for satellite-based monitoring (SBM) for a new hearing.

Tagged with: Aiding & Abetting Criminal Practice SBM Sex Offense