A civil conspiracy is an agreement between two or more persons to commit an unlawful act that causes damage to a person or property. A civil conspiracy is in contrast to a criminal conspiracy where the object of the conspiracy is to commit a criminal offense or crime.
Laws vary from state to state but the elements of a civil conspiracy claim are generally:
• two or more persons;
• an objective to be accomplished;
• a meeting of the minds on the objective or course of action;
• one or more unlawful, overt acts in furtherance of the objective; and
• damages as a proximate result.
An actionable civil conspiracy requires specific intent to agree to accomplish something unlawful or to accomplish something lawful by unlawful means. This inherently requires a meeting of the minds on the object or course of action.
Thus, an actionable civil conspiracy exists only as to those parties who are aware of the intended harm or proposed wrongful conduct at the outset of the combination or agreement.
The actions of one member in a conspiracy might support a finding of liability as to all of the members. But even where a conspiracy is established, wrongful acts by one member of the conspiracy that occurred before the agreement creating the conspiracy do not simply carry forward, tack on to the conspiracy, and support liability for each member of the conspiracy as to the prior acts.
Rather, for conspirators to have individual liability as a result of the conspiracy, the actions agreed to by the conspirators must cause the damages claimed.
Laws regarding civil conspiracy claims may be located in a state's statutes or in its court opinions—also known as common law or case law.
In Texas, a civil conspiracy is recognized as a partnership in wrongdoing, where two or more parties collaborate to commit an unlawful act or a lawful act by unlawful means, resulting in damages to another. The elements of a civil conspiracy in Texas are similar to those generally outlined: (1) two or more persons; (2) an objective to be accomplished; (3) a meeting of the minds on the objective or course of action; (4) one or more unlawful, overt acts in furtherance of the objective; and (5) damages as a proximate result of the unlawful acts. Texas law requires that each member of the conspiracy must have specific intent to participate in the scheme and must be aware of the harm or wrongful conduct intended from the outset. Liability among conspirators is joint and several, meaning that each member can be held responsible for the actions of the others in furtherance of the conspiracy. However, wrongful acts committed by one conspirator prior to the formation of the conspiracy do not automatically impose liability on the others. The Texas Civil Practice and Remedies Code, along with case law, provides the legal framework for civil conspiracy claims in the state.
