Wells Fargo Bank v. Arizona Laborers

In Wells Fargo Bank v. Arizona Laborers, 201 Ariz. 474, 38 P.3d 12 (2002) the Arizona Supreme Court noted that "Arizona recognizes aiding and abetting as embodied in Restatement 876(b), that a person who aids and abets a tortfeasor is himself liable for the resulting harm to a third person." 201 Ariz. at 485, P 31, 38 P.3d at 23. "Aiding and abetting liability does not require the existence of, nor does it create, a pre-existing duty of care. . . . Rather, aiding and abetting liability is based on proof of a scienter . . . the defendants must know that the conduct they are aiding and abetting is a tort." Id. at P 33. Claims of aiding and abetting tortious conduct require proof of three elements: (1) the primary tortfeasor must commit a tort that causes injury to the plaintiff; 3 (2) the defendant must know that the primary tortfeasor's conduct constitutes a breach of duty; and (3) the defendant must substantially assist or encourage the primary tortfeasor in the achievement of the breach. Wells Fargo, 201 Ariz. at 485, P 34, 38 P.3d at 23.