The substance of a civil action for conspiracy is not the conspiracy itself, but the harmful conduct or civil wrong which occurs pursuant to the conspiracy, and which results in damage to the plaintiff. Therefore, a cause of action for civil conspiracy exists only if the basis for the conspiracy is an independent wrong or tort which would constitute a cause of action if the wrong were committed by one person instead of two or more. Accordingly, Florida law does not recognize an independent action for civil conspiracy. Rather, the conspiracy is derived from the underlying claim that forms its basis, and is a vehicle for imputing the tortious actions of one co-conspirator to another to establish joint and several liability. For instance, tortious interference with a business relationship can constitute an unlawful act for the purposes of pleading a claim for civil conspiracy.
A West Palm Beach civil conspiracy lawyer will advise a plaintiff that although an actionable conspiracy generally requires an actionable underlying tort or wrongful act, an alternative basis for a civil conspiracy claim exists where the plaintiff can establish that the conspirators used the power of coercion by virtue of their combination, which an individual acting alone would not possess. Regardless, of the basis for the conspiracy claim, a conspiracy action is not maintainable if the allegations are not supported by a description of the particular overt acts of the accused.
A cause of action for a civil action for conspiracy may have many complex issues. Therefore, you should consult with an experienced West Palm Beach civil conspiracy lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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