PJC Business 2024

C IVIL C ONSPIRACY

PJC 109.1

PJC 109.1

Question and Instruction on Conspiracy

QUESTION ______ [Conditioned on findings of a statutory violation or a tort (other than negligence) that proximately caused damages.] Was Connie Conspirator part of a conspiracy that damaged Paul Payne ? To be part of a conspiracy, Connie Conspirator and another person or per sons must have had knowledge of, agreed to, and intended a common objective or course of action that resulted in the damages to Paul Payne . One or more persons involved in the conspiracy must have performed some act or acts to further the conspiracy. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 109.1 submits the question of conspiracy to accomplish the unlawful objective of harming another by committing a statutory violation or a tort (other than negligence). See comment below, “Conspiracy to accomplish lawful objec tive by unlawful means,” for the situation involving a conspiracy to employ an unlaw ful means to accomplish a lawful objective. Civil conspiracy to unlawfully harm another is a derivative tort. Liability must be dependent on participation in some underlying statutory violation or a tort (other than negligence). Agar Corp. v. Electro Circuits International, LLC , 580 S.W.3d 136, 141 (Tex. 2019); Chu v. Hong , 249 S.W.3d 441, 444 n.4 (Tex. 2008). It is a means for imposing joint and several liability on persons in addition to the actual perpetrator(s) of the underlying tort. Source of question and instruction. A civil conspiracy is “a combination by two or more persons to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means.” Firestone Steel Products Co. v. Barajas , 927 S.W.2d 608, 614 (Tex. 1996). The elements of civil conspiracy have been stated as “(1) two or more persons; (2) an object to be accomplished; (3) a meeting of minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as the proxi mate result.” Agar Corp. , 580 S.W.3d at 141; Tri v. J.T.T. , 162 S.W.3d 552, 556 (Tex. 2005). Broad-form submission. PJC 109.1 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex.

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