D. Defenses

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

D. Defenses³⁹

A unique feature of the tort of civil conspiracy is that it will not lie if a plaintiff obtains relief through other avenues. Thus, a plaintiff who merely realleges prior acts complained of in another cause of action but fails to plead additional acts in furtherance of the conspiracy is not entitled to maintain the conspiracy cause of action.⁴⁰

The applicable statute of limitations is six years for actions arising prior to April 15, 1988, and three years for those arising on or after that date.⁴¹ Actions initiated under the provision must be commenced within three years after the plaintiff knew, or by the exercise of reasonable diligence should have known, that a cause of action existed.⁴²

The South Carolina Tort Claims Act⁴³ waives the immunity of the State, its agencies, political subdivisions, and governmental entities from liability in tort. It contains, however, many limitations on liability and damages which may preclude or restrict a plaintiffs cause of action.⁴⁴ One limitation is that governmental entities⁴⁵ are not liable for a loss resulting from "employee conduct outside the scope of ... official duties or which constitutes actual fraud, actual malice, intent to harm, or a crime involving moral turpitude."⁴⁶ The Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his or her official duty and must be liberally construed in favor of limiting the liability of the governmental entity.⁴⁷

While attorneys are generally immune from liability to third parties arising from performance of their professional activities on...