An Agreement Between Two Or More Persons Essay

1344 Words Sep 15th, 2016 6 Pages
1. An Agreement Between Two or More Persons

In your first question you ask what steps must a person take to enter into a conspiracy. The relevant case law establishes that a “confederacy of two or more persons” is a necessary condition of a civil conspiracy. Van Royen, 262 Md. at 97-98. Moreover, the agreement must be shown by a preponderance of the evidence. Out of recognition of the difficulties inherent in obtaining evidence of agreed-to illicit conduct, however, the agreement can be shown either largely or completely though circumstantial evidence indicating that the conspirators were engaged in a common plan. Indeed:

In a civil case not involving a criminal act, conspiracy may be shown by a preponderance of the evidence and may be proved by circumstantial evidence since almost never is direct evidence available. Conspiracy may be shown by inferences drawn from the nature of the acts complained of, the individual and collective interests of the alleged conspirators, the situation and relation of the parties, their motives and all the surrounding circumstances preceding and attending the culmination of the common design.

Daugherty v. Kessler, 264 Md. 281, 292 (1972) (citing W. Md. Dairy v. Chenoweth, 180 Md. 236, 243 (1942)).

“In essence the rule is that the plaintiff may prevail if men of sound mind may reasoningly and reasonably deduce from the facts and circumstances presented to them that there was a conspiracy.” Id. Accordingly, the cases have established…
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