CONSPIRACY

TOPIC OF THE DAY

- THE MEANING OF THE TORT OF CONSPIRACY

- THE DEFENCES FOR THE TORT OF CONSPIRACY

- THE REMEDIES FOR THE TORT OF CONSPIRACY

THE MEANING OF THE TORT OF CONSPIRACY

The tort of conspiracy involves two or more individuals agreeing to commit an unlawful act or pursue a lawful act through unlawful means, resulting in harm to another party. It encompasses both lawful and unlawful conspiracies. See section 1 of the Civil Law Act 1956 and the case of Crofter Hand Woven Harris Tweed Co. Ltd v Veitch.

THE DEFENCES FOR THE TORT OF CONSPIRACY

The defenses for the tort of conspiracy may include lack of intention to commit the unlawful act, absence of agreement, or statutory immunity. See the case of Bratty v Attorney-General for Northern Ireland which has established that the defendant must have intended to commit the unlawful act for conspiracy to be established. Additionally, statutory provisions or immunities may provide a defense against liability for conspiracy. See the case of Majesty's Attorney General for England and Wales v Heinemann Publishers (Australia) Pty Ltd.

THE REMEDIES FOR THE TORT OF CONSPIRACY

The remedies for the tort of conspiracy typically include damages, injunctions, and sometimes specific performance. See the case of Lonrho Ltd v Fayed which has established that damages are the primary remedy for conspiracy, aiming to compensate the plaintiff for the harm suffered. Injunctions may also be granted to prevent further conspiratorial actions. However, specific performance may be ordered in exceptional cases. See the case of Attorney-General for Hong Kong v Reid.