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Which of the following statements relating to the tort of conspiracy is/are correct? 1. It is…

Unlike criminal conspiracy, the tort of conspiracy is not actionable per se: there must be a combination with the purpose of causing damage and the plaintiff must prove…

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Which of the following statements relating to the tort of conspiracy is/are correct?
1. It is actionable per se without proof of damage.
2. It consists of forming a combination with the purpose of causing damage.
3. Damage suffered by the plaintiff must be proved.
4. The gist of conspiracy in tort is an agreement alone.

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Answer and explanation

Correct answer B

Unlike criminal conspiracy, the tort of conspiracy is not actionable per se: there must be a combination with the purpose of causing damage and the plaintiff must prove actual damage, so its gist is not the bare agreement (Crofter Hand Woven Harris Tweed v. Veitch). Hence "2 and 3".

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