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Civil Conspiracy

Intentional Torts : Civil Conspiracy

A cause of action for civil conspiracy arises from a meeting of two independent minds intent on one common purpose through an expressed or an implied agreement to engage in an unlawful act, which results in damages to the plaintiff.  However, it is not necessary that the agreement between the conspirators be expressed in words, and it may be implied and understood to exist from the conduct itself.  To establish a cause of action for civil conspiracy the plaintiff must prove:

An agreement between two or more parties;

To perform an unlawful act or to do a lawful act by unlawful means;

The doing of some overt act in pursuance of the conspiracy; and

Damage to the plaintiff as a result of acts done under the conspiracy

A West Palm Beach civil conspiracy lawyer will advise a plaintiff that the test for a civil conspiracy action is whether the parties' intent and common purpose is to achieve an illegal goal. A malicious intent will not transform otherwise proper conduct into an actionable civil conspiracy. However, a civil conspiracy does not require more than knowledge and general participation in the conspiracy to commit a civil wrong.

Additionally, 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. A civil conspiracy may be based on a wide variety of civil wrongs, such as a conversion, civil theft, a violation of a fiduciary duty, or the tortious interference with contractual rights. It is the acts committed pursuant to a conspiracy formed to wrong another give rise to a civil action for damages.

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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