Also known as: unlawful mean · unlawful means tort · unlawful means conspiracy
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or methods that the law regards as contrary to public welfare even if not formally criminal. Such conduct supplies the unlawful element when parties agree to pursue an otherwise lawful objective through it, thereby forming a common-law conspiracy.
Dana and Miguel, managers of nearby hotels, agreed to refuse short-term reservations from local residents to keep people experiencing homelessness from using discount rooms as shelter. Their plan used coordinated exclusion rather than any criminal statute violation. Prosecutors charged conspiracy because the agreed means targeted a vulnerable group and restricted access to essential services in a manner the law views as contrary to public welfare.
Local merchants and an advocacy group agreed to pressure businesses through public demonstrations and selective purchasing refusals. Some participants used isolated acts of property damage during marches. A court examined whether those acts supplied unlawful means that could convert protected association into a conspiracy despite the overall lawful goal of social change.
Select any source to read its text and confirm it supports the definition.
A radio host received and aired a tape of a private conversation that had been recorded without consent. The host had no role in making the recording. Liability turned on whether broadcasting the contents obtained by unlawful means could itself support a claim even though the speaker's conduct was otherwise lawful speech on a public matter.
A dominant aluminum company agreed with foreign producers to limit imports while simultaneously expanding its own domestic plants to preempt new entrants. The strategy relied on coordinated market allocation rather than any single criminal act. Courts assessed whether those coordinated steps constituted unlawful means sufficient to support conspiracy liability under antitrust principles.
No. An agreement to pursue an unlawful objective or to achieve a lawful objective by unlawful means is enough. Unlawful extends to noncriminal conduct contrary to public welfare, such as coordinated exploitation of vulnerable groups or obstruction of fair processes.
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When parties agree to use discovery procedures not to litigate fairly but to overwhelm opponents, cause delay, and coerce discounted settlements, the objective harms public access to justice. That coordinated misuse supplies the unlawful element even if no single tactic violates a criminal statute.
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Yes. When two charities agree to inflate impact numbers and cross-endorse false figures to crowd out smaller competitors from grants, the coordinated deception distorts public and donor decision-making. That objective is contrary to public welfare and supports conspiracy liability.
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No. The agreement to pursue an unlawful objective or to use unlawful means completes the offense. No further act such as creating a false record or completing a fraud is needed.
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…the government may punish the media for publishing information that was obtained by the media through theft, fraud, or other unlawful means. Nor does it address whether the government may punish a person who participates in the interception. The narrow holding in this case is that the media cannot be held liable for publishing…