What are the elements of a civil conspiracy claim?
A civil conspiracy claim is a type of unfair competition law. In Arizona, it involves a group of people working together to commit an illegal act, or a legal act done with an illegal purpose. In order to have a successful civil conspiracy claim, there are four elements that must be proven: 1) An agreement between two or more people to carry out an illegal or wrongful act. 2) An overt act committed in furtherance of the agreement. 3) An injury or loss caused by the act or the agreement. 4) An intention to cause damage to the person(s) suing. First, the plaintiff must demonstrate that the defendant entered into an agreement with at least one other person to commit an illegal act, or a legal act done with an illegal purpose. Then, the plaintiff must prove that at least one person involved in the agreement committed an overt act in furtherance of the agreement’s objective. This act must be intentional and done with the knowledge of the other person(s). Next, the plaintiff must show that they suffered an injury or loss as a result of the agreement or the act. Lastly, the plaintiff must prove that the defendant intended to cause harm to the plaintiff when entering into the agreement. If all of these elements are met, the plaintiff may have a successful civil conspiracy claim.
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