What is the legal standard for a civil conspiracy claim?

Under Texas law, a civil conspiracy claim requires proof of: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds on the object or course of action; (4) one or more unlawful overt acts; and (5) damages proximately caused by the conspirators’ conduct.[1][2] It is a derivative tort, so liability depends on an underlying tort or other unlawful act; without a viable underlying wrong, the conspiracy claim fails.[1]

Texas Civil Conspiracy Standard

Core Elements

Texas Supreme Court authority states the elements as follows:

(1) two or more persons;
(2) an object to be accomplished;
(3) a meeting of the minds on the object or course of action;
(4) one or more unlawful, overt acts; and
(5) damages as the proximate result.[2]

Specific Intent Requirement

Texas also requires specific intent to agree to accomplish an unlawful purpose or a lawful purpose by unlawful means. Mere participation in conduct that results in injury is not enough.[2]

“Civil conspiracy requires specific intent” to agree “to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means.”[2]

And the parties must be aware of the wrongful conduct at the inception of the agreement.[2]

Derivative Nature

A civil conspiracy claim does not stand alone. The Texas Supreme Court has repeatedly described it as a derivative tort that “survives or fails alongside” the underlying tort.[1] The injury that matters is the injury from the underlying wrong, not the agreement itself.[1]

Practical Summary

ElementTexas Requirement
PartiesAt least two persons
AgreementMeeting of the minds / tacit or express agreement
PurposeUnlawful object or lawful object by unlawful means
IntentSpecific intent to further the unlawful purpose or means
ActOne or more unlawful overt acts
CausationDamages proximately caused by the wrongful conduct
DependencyMust be tied to an underlying tort or unlawful act

Key Cases

  • Massey v. Armco Steel Co., 652 S.W.2d 932 (Tex. 1983) — states the five elements.[2]
  • Triplex Communications, Inc. v. Riley, 900 S.W.2d 716 (Tex. 1995) — emphasizes specific intent and rejects liability based merely on intent to engage in the conduct that caused injury.[2]
  • Schlumberger Well Surveying Corp. v. Nortex Oil & Gas Corp., 435 S.W.2d 854 (Tex. 1968) — explains that the gist of the claim is the injury caused by the underlying wrong.[1]
  • Juhl v. Airington, 936 S.W.2d 640 (Tex. 1996) — reiterates the relationship between conspiracy and underlying tortious conduct.[1][2]

Sources & References

  1. NME Hospitals, Inc. v. Rennels, 994 S.W.2d 142 (Tex. 1999)
  2. Schlumberger Well Surveying Corp. v. Nortex Oil & Gas Corp., 623 S.W.2d 440 (Tex. 1981)

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