Conspiracy

Question 1

Define conspiracy

Answer 1

When 2 or more persons combine without lawful justification to wilfully cause damage to the plaintiff and actual damage results from therefrom, they commit tort of conspiracy.

Question 2

Essential elements of conspiracy

Answer 2

1. Combination of 2 or more participants- no conspiracy with himself, common intention.
2. Malice in law - p must prove that D acted without lawful justification
3. Malice in fact- actual malice, didn’t act for their own benifit
4. Actual damage must result from such combination

Question 3

Case for conspiracy

Answer 3

MOGUL STEAMSHIP Vs McGregor

Defendants , who were ship owners, combined together to monopolise tea trade by providing low freight rates thus causing monetary loss to P.

held- not unlawful, no malice - acted for their benifit

Question 4

Civil conspiracy vs criminal conspiracy

Answer 4

1. Tort vs crime
2. Mere agreement itself offience in ipc
3. Overt act required in civil conspiracy