Question

The doctrine of civil conspiracy was enunciated by the House of Lords in

• A. Walsby v. Anley
• B. Moghul Steamship Company v. Mc. Gregor Gow and Company
• C. Allen v. Flood
• D. Quinn v. Leathem

Hint:

For the tort of conspiracy, remember the distinction made by the cases: In \textit{Mogul Steamship}, the purpose was legitimate self-interest. In \textit{Quinn v. Leathem}, the purpose was to injure. The predominant purpose is the key factor in determining liability for conspiracy.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to identify the landmark English case that clearly established the tort of civil conspiracy, particularly the "conspiracy to injure."
Step 2: Detailed Explanation:
The tort of conspiracy involves an agreement between two or more persons to cause injury to another, which then results in actual damage. The law evolved through a series of key House of Lords cases:
- Mogul Steamship Co. v. McGregor, Gow & Co. (1892): In this case, a group of shipping companies combined to drive a rival out of business by offering lower prices. The House of Lords held this was not an unlawful conspiracy because their primary object was to protect and expand their own trade, not to injure the plaintiff. It established that a combination using lawful means for a legitimate purpose is not actionable.
- Allen v. Flood (1898): This case established that a single individual, acting lawfully, does not commit a tort by inducing an employer not to hire someone, even if the motive is malicious.
- Quinn v. Leathem (1901): This is the pivotal case. Here, trade union officials threatened a butcher with a strike unless he dismissed his non-union employees. The butcher suffered losses and sued. The House of Lords held the officials liable for conspiracy. They distinguished \textit{Mogul Steamship} by finding that the predominant purpose of the combination was not to advance their own legitimate interests, but to deliberately injure the butcher. This case firmly established that a combination of persons to willfully injure a person in their trade is an actionable tort if it results in damage. It is considered the classic enunciation of the doctrine.
Step 3: Final Answer:
The doctrine of civil conspiracy was enunciated by the House of Lords in Quinn v. Leathem.