A. Definition

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

A. Definition

Civil conspiracy is a combination of two or more persons for the purpose of injuring another.² Civil conspiracy, in contrast with a criminal conspiracy, is actionable only if overt acts pursuant to the conspiracy proximately cause damage to the plaintiff.³ "The gravamen of the tort is the damage resulting to the plaintiff from the overt act done pursuant to the combination, not the agreement or combination per se."⁴ Thus, conduct which would not be tortious if done by an individual, may be so in combination.⁵ Secrecy is not an element of the cause of action.⁶ An action for civil conspiracy is ordinarily one at law, however, when equitable relief is sought in an action in tort, it is an action in equity.⁷

An unexecuted civil conspiracy is not actionable, rather, a conspiracy becomes actionable once overt acts occur that proximately cause damage to the plaintiff. A claim for civil conspiracy must allege additional acts in furtherance of a conspiracy instead of merely realleging other claims within the complaint.⁸

A party may plead alternative theories in a case involving civil conspiracy, but it is required by the rules of procedure when asserting multiple causes of action, including civil conspiracy, to allege acts in furtherance of the conspiracy and special damages...