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Consider the following statements about the tort of conspiracy involving otherwise lawful acts: 1) Mere…

Statements 2 and 3 are true. A combination is necessary, but mere joinder is insufficient: for otherwise lawful acts, the predominant purpose of injuring another must be…

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Consider the following statements about the tort of conspiracy involving otherwise lawful acts:
1) Mere joinder of persons implies unlawfulness and is sufficient to create a cause of action.
2) Without a combination of persons, a claim based on conspiracy cannot succeed.
3) A combination predominantly serving the participants' own lawful interests does not create liability for conspiracy merely because another suffers loss.
Which statements are true?

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Answer and explanation

Correct answer B

Statements 2 and 3 are true. A combination is necessary, but mere joinder is insufficient: for otherwise lawful acts, the predominant purpose of injuring another must be established.

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