AZ Common Law Causes of Action CIVIL CONSPIRACY (2011)

• Jurisdiction: Arizona

CIVIL CONSPIRACY

Elements

“For a civil conspiracy to occur two or more people must agree to accomplish an unlawful purpose or to accomplish a lawful object by unlawful means, causing damages.” Wells Fargo Bank v. Arizona Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 498, 38 P.3d 12, 36 (2002).

“[F]or there to be liability based on a civil conspiracy , two or more people must agree to accomplish a particular tortious act.” Dube v. Likins, 216 Ariz. 406, 413, ¶ 15, 167 P.3d 93, 100 (App. Div. 2, 2007); see also Restatement (Second) of Torts § 876.

Proof

“[A] claim for civil conspiracy must include an actual agreement, proven by clear and convincing evidence …” Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 499, ¶ 100, 38 P.3d 12, 37 (2002).

“There is a qualitative difference between...