A cause of action for conspiracy can arise from the underlying tort of fraud. Therefore, a cause of action for a conspiracy to defraud on the part of two or more persons requires a common purpose supported by a concerted action to defraud. A plaintiff alleging conspiracy to defraud should consult with an experienced and knowledgeable West Palm Beach conspiracy lawyer, whom will advise the plaintiff that under Florida law, the elements that the plaintiff is required to prove for an action of conspiracy to defraud are the following:
The existence of an actionable conspiracy;
The defendant's membership in conspiracy;
The occurrence of a substantial act or substantial effect in furtherance of the conspiracy in the forum state;
The defendant's actual or constructive knowledge of act in forum state or that act outside the state would have effect in state; andThat act in, or effect on, the forum state was a direct and foreseeable result of conduct in furtherance of conspiracy.
For instance, a testator's sister's telephonic request to her son that he contact the testatrix to render assistance to her after her husband's death was insufficient by itself to establish a civil conspiracy action to deprive the testatrix of her money and assets through undue influence or the breach of a fiduciary duty.
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.