Abstract
If the broadened scope of the LRA reaches out and envelopes civil conspiracy, one must question whether civil conspiracy's secondary uses are enough to sustain the doctrine's vitality. In Utah it is unlikely, as civil conspiracy is only documented as being used to connect the passive coconspirators for purposes of collecting damages. Possibly, as in Laxson, apportionment among coconspirators may not pose a significant problem. However, an attorney wellversed in Utah's comparative-fault principles will likely not waste his or her time in pleading a civil conspiracy if the substantial majority of liability will be apportioned back upon the conspirators who directly caused the underlying tort. Consequently, in the absence of ajudicially or legislatively created exception, the signing of the 1999 Amendment to the LRA may have, in essence, also sounded the death knell of civil conspiracy in Utah.
Recommended Citation
Kaufman, Kristopher S.
(2003)
"The Liability Reform Act Subsequent to Field v. Boyer Co.: Sounding the Death Knell of Civil Conspiracy in Utah?,"
Utah Law Review: Vol. 2003:
No.
3, Article 8.
Available at:
https://dc.law.utah.edu/ulr/vol2003/iss3/8