Fraud

In order to be liable as a conspirator participating in a conspiracy to use unlawful means, a party had to at least be aware of the means intended to be used, aware that the use of those means would be unlawful and agree to the use of those means. If the party in question had not been aware of the means intended to be used, or not aware that the use of those means would be unlawful, it could not be said that that party was a party to a combination to use unlawful means. It would rarely, if ever, be the case that clear evidence of an agreement or combination would be put before the court. Proof of a conspiracy was almost always going to depend upon drawing inferences from such evidence as was available, what were often referred to as “the over acts” performed pursuant to the alleged conspiracy. In order to establish liability for dishonestly assisting a party acting in breach of a fiduciary obligation, it was necessary