Quinn v Leathem (1901)

Law of Torts · Malicious Prosecution & Related Torts

Facts.

Officials of a trade union, in order to compel a butcher to dismiss his non-union employees, threatened his principal customer with a strike unless the customer stopped dealing with him. The customer complied and the butcher’s trade was ruined.

Issue.

Is a combination actionable where every act done by the combining parties is, taken separately, lawful?

Held.

Yes. Where two or more combine with the predominant purpose of injuring the plaintiff, and damage results, they are liable — even though each individual act, done alone, would have been lawful.

Why it matters.

Read with Mogul Steamship, it fixes the boundary of the tort of conspiracy on the test of purpose, and it answers the theatre-booing and trade-union problems.

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