![]() And if they are different, what differences are there regarding the elements of each claim? For a great discussion of these forms of joint liability for breach of fiduciary duty, please see E. There is not any particularly compelling guidance on whether these three claims are the same or different. First United Pentecostal Church of Beaumont v. An action for civil conspiracy has five elements: (1) a combination of two or more persons (2) the persons seek to accomplish an object or course of action (3) the persons reach a meeting of the minds on the object or course of action (4) one or more unlawful, overt acts are taken in pursuance of the object or course of action and (5) damages occur as a proximate result. There is also a recognized civil conspiracy claim in Texas. One court identified the elements for aiding and abetting as the defendant must act with unlawful intent and give substantial assistance and encouragement to a wrongdoer in a tortious act. Notwithstanding, Texas courts have found such an action to exist. The Texas Supreme Court has specifically stated that it has not yet adopted this type of claim. The Texas Supreme Court has stated that it has not expressly adopted a claim for aiding and abetting outside the context of a fraud claim. There may be a recognized aiding-and-abetting breach-of-fiduciary-duty claim in Texas. The general elements for a knowing-participation claim are: 1) the existence of a fiduciary relationship 2) the third party knew of the fiduciary relationship and 3) the third party was aware it was participating in the breach of that fiduciary relationship. There is a claim for knowing participation in Texas. Texas courts have discussed three different theories that allow for joint liability: knowing participation in breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and conspiracy. Joint liability for breach of fiduciary duty claims is a rather confusing area of law in Texas.
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