What are the elements of a civil conspiracy claim?
A civil conspiracy claim is a type of claim that is used to stop unfair competition. In Washington, in order to make a successful civil conspiracy claim, certain elements must be present. The first element of a civil conspiracy claim is a conspiracy — this means two or more parties must have engaged in an agreement to commit an unlawful act or to commit a lawful act in an unlawful manner. It must be proved that the parties had an understanding to act together to achieve a common unlawful goal. The second element of a civil conspiracy claim is the involvement of an overt act— this means that once the parties have agreed to commit an unlawful act, at least one of them must have taken action to bring about the plan. The third element of a civil conspiracy claim is that the conspiracy must have caused financial damage to the victim — this means that the victim must be able to prove that they have suffered a financial loss directly related to the conspiracy. The fourth and final element of a civil conspiracy claim is that the victim must have suffered “special damages” as a result of the conspiracy. This means that the victim must be able to prove that their losses were greater than the losses an individual would have suffered, and that the damages are a result of the conspiracy. These are the four elements that must be present in order to make a successful civil conspiracy claim in Washington. If any of these elements are not present, the claim may not be successful.
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