We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Civil Conspiracy: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
A civil conspiracy occurs when two or more individuals or entities work together to achieve an unlawful objective or to pursue a lawful goal through illegal means. It's important to note that participating in a civil conspiracy is not considered a standalone tort; rather, it relies on the existence of an underlying wrongful act committed by one or more of the conspirators. This means that for a civil conspiracy claim to be valid, there must be proof of a separate tortious act that supports the conspiracy allegation.
Table of content
Legal Use & context
Civil conspiracy is primarily used in civil law contexts, particularly in cases involving torts. It can arise in various legal areas, including business disputes, personal injury claims, and employment law. Individuals may encounter this term when dealing with issues such as fraud, defamation, or interference with contractual relations. Users can manage certain aspects of civil conspiracy claims through legal templates available from US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: Two business partners conspire to defraud a third party by misrepresenting the financial status of their company. This could lead to a civil conspiracy claim if the third party suffers damages as a result.
Example 2: A group of employees colludes to falsely accuse a colleague of misconduct to get them fired, which may constitute a civil conspiracy if it involves unlawful means. (hypothetical example)
Relevant laws & statutes
In Tennessee, civil conspiracy is defined in case law, notably in Birmingham-Jefferson County Transit Authority v. Boatright, which outlines the requirement of an underlying tort. In Massachusetts, the standard for civil conspiracy is established in Carroll v. Xerox Corp., emphasizing the need for joint action and coercive influence among conspirators. Other states may have similar case law or statutory references, but specific citations vary.
State-by-state differences
State
Key Differences
Tennessee
Requires an underlying tort for a civil conspiracy claim.
Massachusetts
Focus on coercive influence and joint action among conspirators.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Conspiracy
An agreement between two or more parties to commit a crime.
Civil conspiracy involves unlawful acts for civil claims, while criminal conspiracy pertains to criminal acts.
Joint Tortfeasors
Two or more parties who are jointly liable for a tort.
Joint tortfeasors may not necessarily have conspired; they simply acted together in committing a tort.
Common misunderstandings
What to do if this term applies to you
If you believe you are a victim of civil conspiracy, consider the following steps:
Document all relevant evidence, such as communications and actions taken by the conspirators.
Consult with a legal professional to evaluate your situation and determine if you have a valid claim.
Explore legal forms and templates from US Legal Forms that may assist you in filing a claim or taking legal action.
For complex situations, seeking professional legal help is advisable to navigate the intricacies of your case.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.