Chigbo Conspiracy Flashcards
Willes J in Mulcahy v R defines conspiracy
A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do an lawful act by unlawful
How many types of conspiracy are there?
Two
Name the first type of conspiracy
The first type consists of a-conspiracy to commit and unlawful act. Which conforms to the general principle that the defendant must commit on unlawful act
Name the second type of conspiracy
The second type of conspiracy is one In which to do an act which done by an individual will be lawful but because of the of the fact they are done in combination become unlawful and actionable.
Why is conspiracy a anomalous tort
Because it does not confer to the general principle that there must be an unlawful act
What are the three elements recurrent in both branches of tort.
- There must be two or more persons involved in the conspiracy. This requirement generally gives rise to no difficulties
It should be noted that a company can be treated as a legal person for this purpose and so a company can conspire with its directors. Belmont Finance corp Lloyd v Williams Furniture
This may be difficult to ascertain with a one man company and the controller of the company because of the difficulty showing there were two minds involved
R v McDonnell it was held by Nield j that he cannot be convicted of conspiracy when there was only mind involved
Also in mid bank trust co ltd v Green it was held that a fictional unity of husband and wife did not apply to liability in tort of conspiracy
2 There must be a combination between two parties. Combination means agreement not necessarily contract but they combine with a common purpose Belmont finance company v Williams Furniture. They don’t have to combine at the same time just as long as they do
- There must be damage to the plaintiffs because the damage is the very essence of tort.
Once these have been established then conspiracy has been committed
