Civil Conspiracy

Civil Conspiracy

Civil Conspiracy

The claim requires an agreement between two or more parties, an overt act in furtherance, an underlying tort, and resulting damage. Conspiracy is not an independent tort in most jurisdictions.

The intracorporate conspiracy doctrine bars claims among a company's own agents.

Alternative Names:

Conspiracy Claim|Civil Conspiracy Claim

Why it Matters?

The requirement of an underlying tort means conspiracy cannot save a claim whose substantive theory fails, which makes attacking the predicate tort the efficient defense rather than contesting the agreement. The intracorporate conspiracy doctrine separately bars claims alleging a corporation conspired with its own officers and employees acting within their scope, which defeats many claims against a company and its personnel.

Frequently asked questions

What is the efficient defense?

What is the efficient defense?

Attacking the underlying tort, since conspiracy is not independent and fails when the predicate claim does.

What is the intracorporate conspiracy doctrine?

What is the intracorporate conspiracy doctrine?

A bar on claims alleging a corporation conspired with its own officers and employees acting within their scope.