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Alabama Tort Law
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-38 Alabama Tort Law 38.syn




Gregory S. Cusimano;; Michael L. Roberts

Chapter Summary


This chapter from Alabama Tort Law covers the substantive tort of civil conspiracy, which is a combination of two or more persons to accomplish an unlawful end or to accomplish a lawful end by unlawful means. The chapter provides details on the requirement of a combination of two or more persons, explaining that it must be shown that the defendants were not acting independently. The chapter next describes the conspirators' purpose, which must be to accomplish something that is unlawful, oppressive, or immoral, or to accomplish a permissible purpose by unlawful, oppressive, or immoral means. Finally, the chapter examines the requirement of an overt act causing damages, noting that a party to the conspiracy who does not actually commit the overt act is nevertheless liable for the damage caused by the act of his co-conspirator.

Alabama Tort Law (Matthew Bender) is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.


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For a discussion of willful intent, see Chapter 3, Wantonness and Willfulness.

For a discussion of the liability of joint tortfeasors, see Chapter 36, Joint Tortfeasors.

For information on damages, see Chapter 40, Compensatory Damages; Chapter 41, Compensatory Damages for Injured Property Interests; and Chapter 42, Punitive Damages.


See Personal Injury: Actions, Defenses, Damages (Matthew Bender) for the largest and most comprehensive case law compendium in legal literature, with encyclopedic treatment of the personal injury law of every American jurisdiction and coverage of theories of recovery, elements of causes of action, necessary allegations, defenses, and damages.

See Personal Injury Defense Techniques (Matthew Bender) for a discussion of a wide range of the substantive and practical legal problems faced by defense counsel, along with suggestions for the best ways to remedy them, with coverage of such topics as insurance defense, liquor liability, medical malpractice, premises liability, products liability, toxic torts, and damages.

See Damages in Tort Actions (Matthew Bender) for in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases, plus case annotations to all jurisdictions and examples of illustrative awards and settlements.

See Jury Instructions on Damages in Tort Actions (Matthew Bender) for a valuable resource to help lawyers write jury instructions relating to such topics as punitive damages, causation, comparative negligence, personal injuries, wrongs involving intangible property, and misrepresentations.

See Punitive Damages (Matthew Bender) for coverage of the latest developments in punitive damages law, along with state-by-state analysis of tort reform and a wide range of pretrial, trial, and post-trial strategies.
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