Consider the following statements:
(i) Joinder is an ingredient of conspiracy and unlawfulness is implied in it for causing injury, Joinder is a cause of action
(ii) Where the fact of joinder is absent the cause of action becomes irrelevant
(iii) For serving his own legal interest Joinder will not create a cause of action
Which of the statement is true in the above statements?
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(i) and (ii)
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(ii) and (iii)
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(i) and (iii)
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(i), (ii) and (iii)
B
Correct answer
Explanation
Statement (ii) is correct because without joinder (conspiracy), there can be no cause of action for conspiracy - the essence of conspiracy is the unlawful agreement. Statement (iii) is correct because conspiracy requires an unlawful purpose - pursuing one's own lawful legal interest cannot constitute conspiracy, regardless of joinder. Statement (i) is incorrect because joinder alone doesn't create conspiracy without an unlawful element.