An actionable conspiracy lawsuit requires an actionable underlying tort or wrong. However, it is essential that all the elements of the underlying tort are properly plead. Since the essence of the action for civil conspiracy is the civil wrong alleged to have been committed pursuant to the conspiracy, rather than the conspiracy itself, an act which does not provide a ground for an action against one person cannot be made the basis of a civil action for conspiracy.
On the other hand, 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. In other words, in certain situations where the plain force of numbers acting together as a group in accord or other exceptional circumstances may result in a wrong. Therefore, under the "force of numbers exception," the offending conduct is not actionable if committed by one person. Accordingly, in order to have a claim for conspiracy by coercion, defendants' concerted action must result in different or larger damages than could have been accomplished by individual conspirators on their own.
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.
