Conspiracy

Question 1

What is conspiracy

Answer 1

Tort of conspiracy is a remedy for damage done to a person by a combination of two or more people acting in concert for purpose of causing harm or any loss to the plaintiff

Definition
Holdsworth The cause of action for conspiracy arises not from the combination of persons but from the damages resulting from the act of such combination
Winfield ** The tort of conspiracy is committed when two or more people combined to carry damage to a third person by an unlawful means and damage actually results on it**
Salmond ** Went two people without lawful justification combined for the purpose of welfare, causing damages to plenty of and actual damage results. Therefore, they commit tort of conspiracy**

Question 2

Ingredients and cases

Answer 2

1. Combination of two or more people
2. Agreement To do so
3. Some overt act
4. For harming plaintiff
5. Legal damages
6. Is actual damages

Cases
Quinn v Leathem [1901]
Leathem, a butcher, had employees who did not belong to the Belfast Butchers’ Association (BBA). After experiencing some difficulties, he asked for his employees to be admitted to the BBA. The BBA, for whom Quinn was the treasurer, put pressure on a customer not to buy Leathem’s meat and also called out one of his own employees.

Allen v Flood [1898]

Flood and Walter was a shipwright employed on a ship, liable to be discharged at any time. Fellow workers objected to their employment as they had worked for a rival employer. Allen was a trade union representative for the other employees on the ship and approached the employers, telling them that if they did not discharge Flood and Walter, the other employees would strike. The employers consequently discharged Flood and Walter and refused to employ them again, where they otherwise would. Flood and Walter brought action for maliciously inducing a breach of contract.