How To Prove A Tennessee Civil Conspiracy Claim

 

 

In Tennessee, a claim of Civil Conspiracy is defined as:

A civil conspiracy or collusion is a combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act which is Innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of using criminal or unlawful means to the commission of an act not In itself unlawful; or to do any act with intent to prevent the course of justice; or to effect a legal purpose with a corrupt intent, or by improper means.

It simply means:

When two or more people come together to plan something illegal, or to use illegal means to effect something that would ordinarily be legal.

There are 4 elements of the claim:

• Element 1. A common design existed between two or more persons. A common design between two or more people in a civil conspiracy means they agreed to work together to achieve a shared illegal goal, showing that their actions were planned and coordinated rather than just random or separate.
  

  Facts that might support this element look like:

  * The individuals involved regularly communicated about their shared goals and strategies, indicating a coordinated effort.
  * Evidence shows that the parties attended multiple meetings together to discuss their plans and actions.
  * The actions taken by the individuals were consistent and aligned, suggesting a mutual understanding of their objectives.
  * Documents reveal that the parties collaborated on drafting proposals that furthered their common interests.
  * Witnesses have testified that the individuals expressed a unified intent to achieve a specific outcome through their actions.

• Element 2. The common design was to accomplish an unlawful purpose or a lawful purpose by unlawful means. A civil conspiracy occurs when two or more people plan together to achieve a goal that is illegal or to use illegal methods to reach a legal goal, showing that they intended to work together to commit a wrongful act.
  

  Facts that might support this element look like:

  * The defendants coordinated their actions to undermine the plaintiff’s business by spreading false information about its products.
  * Evidence shows that the defendants met regularly to strategize ways to disrupt the plaintiff’s operations and gain a competitive advantage.
  * The defendants engaged in deceptive practices, such as falsifying documents, to achieve their goal of harming the plaintiff’s reputation.
  * Testimony reveals that the defendants explicitly discussed their intent to use illegal tactics to achieve their business objectives.
  * The defendants collaborated to create a misleading marketing campaign that intentionally misrepresented the plaintiff’s services.

• Element 3. An overt act was committed in furtherance of the conspiracy. An overt act in a civil conspiracy means that at least one person involved took a clear action to help carry out the plan, showing that the conspiracy was not just a thought but involved real steps toward achieving the goal.
  

  Facts that might support this element look like:

  * The defendants met regularly to discuss their plans and strategies for executing the conspiracy.
  * A series of emails were exchanged between the defendants outlining specific actions to be taken to further their shared objective.
  * The defendants coordinated their efforts to sabotage a competitor by spreading false information about their products.
  * One defendant purchased supplies specifically intended for use in carrying out the conspiracy’s goals.
  * The group held a meeting where they assigned roles and responsibilities to each member to ensure the conspiracy’s success.

• Element 4. The conspiracy caused an injury. In a civil conspiracy claim, “the conspiracy caused an injury” means that the secret agreement between two or more people led to harm or damage to someone, showing that their actions directly resulted in that person’s suffering or loss.
  

  Facts that might support this element look like:

  * The conspiracy resulted in the plaintiff losing a significant business contract, leading to a financial loss of over $100,000.
  * Due to the defendants’ coordinated actions, the plaintiff suffered reputational damage, causing a decline in customer trust and sales.
  * The plaintiff incurred legal fees exceeding $50,000 as a direct result of the defendants’ unlawful conspiracy.
  * The conspiracy led to the plaintiff being wrongfully excluded from a lucrative market, resulting in lost revenue opportunities.
  * The defendants’ actions directly interfered with the plaintiff’s contractual relationships, causing additional economic harm.

^{(See Kincaid v. SouthTrust Bank, 221 SW 3d 32 – Tenn: Court of Appeals, Middle Section 2006.)}
If you’re in court without a lawyer and plan to assert a Claim of Civil Conspiracy, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.

Prove Your TN Civil Conspiracy Claim

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