Civil conspiracy

Civil Conspiracy

Civil conspiracy is a legal concept that involves an agreement between two or more parties to commit an unlawful act or to accomplish a lawful end by unlawful means. It is a tort in common law jurisdictions, which means it is a civil wrong that can be the basis for a lawsuit. Civil conspiracy is distinct from criminal conspiracy, which involves the agreement to commit a crime.

Elements of Civil Conspiracy

To establish a claim of civil conspiracy, the plaintiff must typically prove the following elements:

1. Agreement: There must be an agreement between two or more parties. This agreement can be explicit or implicit, and it does not need to be formalized in writing.

2. Unlawful Objective or Means: The parties must have agreed to achieve an unlawful objective or to use unlawful means to achieve a lawful objective. This can include acts that are illegal or acts that are legal but are carried out in an illegal manner.

3. Overt Act: At least one of the conspirators must commit an overt act in furtherance of the conspiracy. This act must be more than mere preparation; it must be a step towards the completion of the conspiracy's objective.

4. Damages: The plaintiff must suffer damages as a result of the conspiracy. The damages must be a direct result of the overt act committed in furtherance of the conspiracy.

Legal Implications

Civil conspiracy is often used in conjunction with other tort claims, such as fraud, breach of fiduciary duty, or tortious interference. It allows a plaintiff to hold multiple parties liable for the wrongful acts of one or more of the conspirators.

In a civil conspiracy case, each conspirator can be held jointly and severally liable for the damages caused by the conspiracy. This means that the plaintiff can recover the full amount of damages from any one of the conspirators, regardless of their individual level of involvement.

Defenses to Civil Conspiracy

Defendants in a civil conspiracy case may raise several defenses, including:

- Lack of Agreement: Arguing that there was no agreement between the parties. - Legality of Actions: Demonstrating that the actions taken were legal and not in furtherance of an unlawful objective. - Absence of Damages: Showing that the plaintiff did not suffer any damages as a result of the alleged conspiracy.

Examples of Civil Conspiracy

Civil conspiracy claims can arise in various contexts, including:

- Business Disputes: Where competitors conspire to fix prices or engage in anti-competitive practices. - Employment: Where employers or employees conspire to breach employment contracts or non-compete agreements. - Fraud: Where multiple parties conspire to defraud another party.

Also see

- Tort law - Criminal conspiracy - Joint and several liability - Fraud - Breach of fiduciary duty