Unravelling civil conspiracy

This article seeks to understand civil conspiracy through the lens of its historical rationale. It identifies that purpose to be the protection of public interests as the tort was originally fashioned as an extension of criminal conspiracy to counter serious social ills. For lawful means conspiracy,...

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Main Author: LEE, Pey Woan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2018
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Online Access:https://ink.library.smu.edu.sg/sol_research/2816
https://ink.library.smu.edu.sg/context/sol_research/article/4774/viewcontent/UNRAVELLING_CIVIL_CONSPIRACY_LMCLQ_pv.pdf
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spelling sg-smu-ink.sol_research-47742018-12-17T06:49:38Z Unravelling civil conspiracy LEE, Pey Woan This article seeks to understand civil conspiracy through the lens of its historical rationale. It identifies that purpose to be the protection of public interests as the tort was originally fashioned as an extension of criminal conspiracy to counter serious social ills. For lawful means conspiracy, this rationale is exemplified by the requirement for improper or illegitimate motive whilst “unlawful means” serves the same function in the context of unlawful means conspiracy. Counter-intuitively, understanding the tort in this way provides a means of restricting the tort and reigning in its “revolutionary” tendencies. Recognising the tort’s policy-based foundation would, it is submitted, compel judges to articulate the policy considerations influencing their decisions and confine liability to cases where public harm is palpable and significant. This analysis further reveals that the conventional category of “unlawful means conspiracy” in fact comprises two species of liabilities: the first comprises “true” conspiracies concerned with securing public interests, while the second is a class of joint liability imposed on those who combine with another to commit an actionable wrong. 2018-11-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2816 https://ink.library.smu.edu.sg/context/sol_research/article/4774/viewcontent/UNRAVELLING_CIVIL_CONSPIRACY_LMCLQ_pv.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Torts Conspiracy Unlawful Means Public Interests Joint Tortfeasance Joint Liability Banking and Finance Law Business Law, Public Responsibility, and Ethics Securities Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Torts
Conspiracy
Unlawful Means
Public Interests
Joint Tortfeasance
Joint Liability
Banking and Finance Law
Business Law, Public Responsibility, and Ethics
Securities Law
spellingShingle Torts
Conspiracy
Unlawful Means
Public Interests
Joint Tortfeasance
Joint Liability
Banking and Finance Law
Business Law, Public Responsibility, and Ethics
Securities Law
LEE, Pey Woan
Unravelling civil conspiracy
description This article seeks to understand civil conspiracy through the lens of its historical rationale. It identifies that purpose to be the protection of public interests as the tort was originally fashioned as an extension of criminal conspiracy to counter serious social ills. For lawful means conspiracy, this rationale is exemplified by the requirement for improper or illegitimate motive whilst “unlawful means” serves the same function in the context of unlawful means conspiracy. Counter-intuitively, understanding the tort in this way provides a means of restricting the tort and reigning in its “revolutionary” tendencies. Recognising the tort’s policy-based foundation would, it is submitted, compel judges to articulate the policy considerations influencing their decisions and confine liability to cases where public harm is palpable and significant. This analysis further reveals that the conventional category of “unlawful means conspiracy” in fact comprises two species of liabilities: the first comprises “true” conspiracies concerned with securing public interests, while the second is a class of joint liability imposed on those who combine with another to commit an actionable wrong.
format text
author LEE, Pey Woan
author_facet LEE, Pey Woan
author_sort LEE, Pey Woan
title Unravelling civil conspiracy
title_short Unravelling civil conspiracy
title_full Unravelling civil conspiracy
title_fullStr Unravelling civil conspiracy
title_full_unstemmed Unravelling civil conspiracy
title_sort unravelling civil conspiracy
publisher Institutional Knowledge at Singapore Management University
publishDate 2018
url https://ink.library.smu.edu.sg/sol_research/2816
https://ink.library.smu.edu.sg/context/sol_research/article/4774/viewcontent/UNRAVELLING_CIVIL_CONSPIRACY_LMCLQ_pv.pdf
_version_ 1772829549703200768