Question

In the tort of conspiracy, the purpose of combination must be to

• A. Violate legal right of the victim
• B. Cause damage to the victim
• C. Obtain benefit for the combiners
• D. Perfect the interest of combiners

Hint:

In the Law of Torts, distinguish between "motive" and "intention". For the tort of conspiracy, the intention (or predominant purpose) to cause damage is the legally relevant element, whereas the motive (e.g., self-interest or malice) is secondary.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the essential purpose or intention required to establish the tort of conspiracy. The tort of conspiracy occurs when two or more persons combine to cause injury or damage to another person.

Step 2: Detailed Explanation:
There are two main types of the tort of conspiracy:
\begin{enumerate} \item Conspiracy to injure by lawful means: This occurs when the combiners use lawful means, but their predominant purpose is to cause damage to the plaintiff. The intention to injure is the key element here. If their main purpose was to protect their own legitimate interests, it is not a tort, even if it causes damage to the plaintiff.
\item Conspiracy to injure by unlawful means: This occurs when the combiners use unlawful means (like committing a crime or a tort) to achieve their goal. Here, the intention to injure need not be the predominant purpose; if injury is a necessary consequence of their unlawful actions, a conspiracy is established.
\end{enumerate} In both forms of the tort, the ultimate element that the action is directed towards is causing damage to the victim.
\[\begin{array}{rl} \bullet & \text{(A) Violating a legal right often causes damage, but in lawful means conspiracy, the acts themselves might not be illegal if done by one person. The wrong lies in the combination with the purpose of causing damage. } \\ \bullet & \text{(C) and (D) relate to the motive of the combiners (self-interest). While this is relevant (especially in lawful means conspiracy, where it can be a defence), the essential purpose of the tortious act itself is the infliction of damage on the victim. } \\ \end{array}\] Therefore, the most accurate and central element is the purpose to cause damage to the victim.

Step 3: Final Answer:
The correct answer is (B) because the core element and purpose of the combination in the tort of conspiracy is to cause damage to the victim.