N.C.P.I.—Civil 813.22

A conspiracy is an agreement of two or more persons to accomplish

some unlawful purpose, or some lawful purpose by unlawful means.2

A cause of action for damages resulting from a conspiracy is for the

damage caused by acts committed pursuant to a formed conspiracy.3 The

conspiracy is the agreement itself.4

(A [person] [corporation] [partnership] [(name other business

association)] cannot conspire with [himself] [herself] [itself]. Before

there can be a conspiracy, there must be more than one person or

participant involved.)

(Furthermore, a [corporation] [partnership] [(name other business

association)] such as (name corporation or other business association)

cannot conspire with its own [officers] [partners] [employees]. A

[corporation] [partnership] [(name other business association)] is

considered by law to be one person or participant.)5

(It is not necessary to show that members of a conspiracy entered

into any express, written or oral agreement stating between themselves

what their object or purpose was to be, or how it was to be

accomplished. Indeed, it would be unusual if there were any such formal

agreement, because conspirators do not normally put their agreements in

writing, nor do they usually make their plans public. A conspiracy may be

inferred from facts and circumstances, including the communications and

general conduct of the parties showing a mutual intention to agree.)6

(A conspiracy need not be proved by direct evidence, but may be

established by circumstantial evidence from which the conspiracy may be

inferred. Mere similarity of conduct among various persons, the fact that

they may have associated with each other, or the fact they may have

assembled together and discussed common aims and interests, does not

necessarily establish the existence of a conspiracy. A conspiracy exists

when its members, in some way or manner, or through some contrivance,

come to an agreement to accomplish an unlawful purpose or a lawful

purpose by unlawful means.)7