Also known as:direct or indirect · direct/indirect
Written by attorneys · grounded in primary & secondary sources — see below
A modifier indicating that an act, effect, or relationship occurs through an intermediary, chain of causation, or secondary means rather than by immediate or direct action.
Sources & Authorities
How it applies
Common Examples
6
Political Contribution Through Consultant
Derek Douglas, a lawyer seeking a government contract, arranged for his spouse to donate to a judicial candidate's campaign. The contribution was made at Derek's direction and funded by him. The arrangement violated professional conduct rules because the contribution was made indirectly to secure the engagement.
Battery Via Backpack Strap
Dwight Dorsey grabbed Destiny Davis's backpack strap and yanked her to the floor during a store confrontation. The force caused a concussion. Liability for battery arose because the harmful contact with Destiny's person occurred indirectly through the connected object.
Tainted Evidence From Illegal Arrest
Put it into practice
Test Yourself
9
Practice Questions5
· 23 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Study Supplements
Police arrested Dolores Diaz without probable cause and obtained her statement. That statement led officers to a witness who identified her in a lineup. The lineup identification was excluded because it was obtained as an indirect result of the unconstitutional arrest.
LLC Member Liability Shield
Denise Donovan served as a member of Drake Logistics LLC. A creditor sought to hold Denise personally responsible for the company's unpaid loan by claiming her management decisions contributed to the default. The claim failed because members are not liable directly or indirectly for company obligations solely by reason of their status.
LLLP General Partner Protection
Dylan Duffy acted as general partner of Davenport Pharmaceuticals LLLP. A supplier sued Dylan personally for partnership debts after the entity defaulted. The suit was dismissed because general partners in an LLLP are not personally liable directly or indirectly for the entity's obligations solely by reason of their role.
LLP Partner Liability Shield
Delta Dynamics operated as a limited liability partnership. A client sued partner Dwight Dorsey individually for malpractice committed by another partner. The claim was rejected because partners are not personally liable directly or indirectly for partnership obligations incurred while the entity maintained LLP status.
Common questions
Frequently Asked
4
Does the phrase require an intermediary in every case?+
No. The phrase covers both direct action and action through intermediaries or chains of causation. Courts apply it to reach conduct that produces the prohibited result even when the actor uses an agent or intermediate step.
Supporting sources
How does the phrase affect member liability in LLCs and LLPs?+
The phrase extends the liability shield to prevent claims that attempt to impose personal responsibility through indirect routes such as contribution or control. Statutes expressly state that members and partners are not liable directly or indirectly solely by reason of their status.
Supporting sources
What role does the phrase play in the fruit-of-the-poisonous-tree doctrine?+
It requires exclusion of evidence obtained through any chain of causation traceable to an illegal search or arrest. Evidence remains tainted unless the connection has become so attenuated that the taint is dissipated.
Supporting sources
Does the phrase change the intent requirement for battery?+
No. The phrase addresses only the contact element. Intent to cause harmful or offensive contact remains required. The phrase simply confirms that the resulting contact may occur directly or through an intermediate object or force.
Supporting sources
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational