conspiracy

Conspiracy is the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means.

Types of Conspiracy

There are two types of conspiracy. They are:

1. "unlawful means conspiracy", whereby the persons party to the conspiracy cooperate to perform unlawful acts. In this form of the tort, the claimant must show that there was some intention to injure, by showing that there was some unlawful act or unlawful means employed to cause damage to the claimant. The agreement reaches and the acts must be aimed or directed at the claimant, and it is reasonably foreseeable that the acts would cause damage to the claimant;
2. the participants to the conspiracy act together to perform lawful acts which have the sole or predominant purpose of causing injury to a person. The unlawfulness lies in the fact of the conspiracy.

The Agreement

For the purposes of making out a claim for conspiracy, the claimant is not required to show that there was a formal agreement between the conspirators. Focus is placed on the alleged acts to ascertain the common object of the participants. If the conspirators are found to have come to together and taken steps to achieve a common end with the requisite intention, it is likely that the claimant will be successful.

Common Object: Intention to Injure

Intention to injure the claimant is satisfied where:

1. the conspirators have their intention to cause harm to the claimant as an end in itself;
2. the conspirators intend to enrich themselves, protect or promote their own economic interests. It is inadequate that injury or damage is merely a foreseeable consequence to the acts, not desired or the means of achieving the result.

Requirements for Conspiracy

The claimant must show:

1. a combination or agreement between two or more persons;
2. an intention to injure (which is the sole or predominant purpose if the acts themselves are lawful);
3. the agreed acts were carried act;
4. which caused loss or damage to the claimant.

There must be deliberate cooperation to achieve the common end, where the alleged participants were aware of the surrounding circumstances, and the participants shared the common object of the conspiracy, so it may be said that the conspirators were acting in concert.

 (2) , (3)  (4) Whether a particular person is liable for particular series of acts which falls within larger conspiracy depends upon whether the acts fell within the overall design.

Defences

It is not unlawful to be motivated by self interest to compete fairly, or where the predominant purpose of the agreement amongst persons is for the promotion of vested interests.

Liability of Conspirators

A person may be made liable for conspiracy as a joint tortfeasor if they participate by way of a common design. A person is liable from the time he joins the conspiracy, and is jointly and severally liable for the damage caused. A claim does not lie unless loss has been suffered.

Participants are usually found liable for damages. Where the conspiracy involves fraud, the claimant may be entitled to trace assets in order to recover damages claimed.