· 12/4/1989
Vaught v. Waites
Citations
- 387 S.E.2d 91
- 300 S.C. 201
- 1989 S.C. App. LEXIS 189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Todd barred a conspiracy cause of action because no special damages were alleged aside from the damages already alleged for the plaintiffs breach of contract cause of action in that case
- relying on Todd in affirming the trial court’s holding no conspiracy existed “because Vaught could not predicate his conspiracy cause of action on the same facts as his breach of contract action”
- stating dismissal is appropriate when the civil conspiracy \cause of action 'does no more than incorporate the prior allegations and then allege the existence of a civil conspiracy'\ (quoting Todd v. S.C. Farm Bureau Mut. Ins. Co., 276 S.C. 284, 293, 278 S.E.2d 607, 611 (1981)
- the party asserting estoppel must show the other party made some false misrepresentation or concealment
- “Lastly, there is no genuine issue of material fact involved because the record is devoid of any evidence suggesting a conspiracy.”
- “Civil conspiracy consists of three elements: (1) a combination of two or more persons, (2) for the purpose of injuring the plaintiff, (3) which causes him special damage.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.