Written by attorneys · grounded in primary & secondary sources — see below
Mutual assent between two or more parties to identical terms together with the intent to achieve the stated objective. The agreement itself supplies the actus reus in conspiracy and limits enforcement of prior promises after a deed is delivered.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Conspirators Forge Documents
Antonio Alvarado and Alexandra Armstrong discussed creating false deeds to sell nonexistent land. They reached a shared understanding that each would sign the forged instruments and split the proceeds. The agreement alone completed the conspiracy even though no overt act occurred.
Merger Clause Bars Prior Promise
Anita Ali sold land to Albert Allen under a contract containing a merger clause. After closing, Allen discovered the deed omitted Ali's oral promise to repair the roof. The clause prevented enforcement of the omitted term because the contract had merged into the deed.
Insurance Agreement Disclosed
Abigail Alvarez sued Apollo Energy for injuries sustained on site. Apollo's insurer held a policy that would cover any judgment. The parties exchanged the policy during discovery so the plaintiff could evaluate coverage limits before trial.
Aether Technologies paid settlement proceeds to its counsel. The lawyer promptly notified the client and delivered the net amount after deducting the agreed fee. The client received a written accounting detailing every disbursement.
Self-Help Clause Declared Void
Arcadia Retail leased space to Anchor Bank. The lease permitted the landlord to change locks for nonpayment without court process. Because state law barred self-help evictions, the clause was unenforceable as against public policy.
Express Assumption Bars Recovery
Anika Anand signed a release before riding a zip line operated by Apollo Energy. The document stated she accepted the risk of injury from negligent maintenance. When she later sued for injuries caused by a frayed cable, the release prevented recovery.
Common questions
Frequently Asked
3
Does conspiracy require proof of an overt act at common law?+
No. The agreement itself constitutes the actus reus once the parties share the criminal intent. No further overt act is needed under the traditional definition.
Supporting sources
When does a merger clause prevent enforcement of an earlier promise?+
After the buyer accepts the deed at closing, prior promises not reflected in the deed are discharged unless an exception such as fraud or a collateral agreement applies.
Supporting sources
What must a lawyer do upon receiving funds in which a client holds an interest?+
The lawyer must promptly notify the client, deliver any funds the client is entitled to receive, and render a full accounting upon request.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…against suicide and against abortion became common. The Oath came to be popular. The emerging teachings of Christianity were in agreement with the Pythagorean ethic. The Oath "became the nucleus of all medical ethics" and "was applauded as the embodiment of truth." Thus, suggests Dr. Edelstein, it is "a Pythagorean manifesto…