What are the elements of a civil conspiracy claim?
A civil conspiracy claim is an action taken against individuals or entities that have been found to be acting together unlawfully to harm another. In North Carolina, a person can bring a civil conspiracy claim if they can prove the following elements: 1. An agreement between two or more persons to commit an unlawful act. The agreement must be intentional and involve the participants actively agreeing to do something illegal. 2. Each of the conspirators must have the intent to cause injury to the plaintiff, meaning that they must have had a goal of harming the plaintiff. 3. An overt act must have been taken by each of the conspirators to further the conspiracy. This act must have been taken with the intent to harm the plaintiff. 4. The plaintiff must have suffered some type of injury as a result of the conspiracy. This injury can be either physical or economic. If a plaintiff can prove the above elements, then they can be successful in a civil conspiracy claim. The plaintiff can be awarded both compensatory damages, which are designed to reimburse their loss, and punitive damages, which are designed to punish the conspirators and deter them from engaging in further illegal behavior. It is important to note that a civil conspiracy claim is only available for those wronged in unfair competition law cases in North Carolina.
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