Odger's English Common Law

262 CONSPIRACY
which, a breach of contract is in itself a crime ; a conspiracy
to commit or to incite others to commit any such breach of
contract would clearly be criminal. But in all other cases a
breach of contract by one of the contracting parties is no
crime and no tort. For a stranger to the contract, however,
without just cause or excuse, knowingly to induce one of
the contracting parties to break his contract, is a tort ;
and, therefore, for several persons to combine in so inducing
a breach of contract is a criminal conspiracy. 2
Thus, if two or more actors in a theatrical company should each of his
owa accord resolve to break his contract with his employer, there is here
no conspiracy, although they may subsequently meet and communicate
their determination to one another. But if before they have arrived at any
such determination they meet and then agree that they will all break their
contracts with the common employer, each of them by example, exhortation
or concurrence incites the others to break their contracts also. Hence they
are all engaged in a common purpose which is tortious, and their agreement
to carry out this purpose is, apart from any statute, a criminal conspiracy.
(ii.) Either party to a contract is always at liberty to put
an end to the contract by giving proper notice or by any
other agreed method. To terminate a contract thus is no
breach of it. Hence, to advise another to terminate his con-
tract by giving proper notice is no tort. Therefore an agreement
by two or more to induce others thus to terminate their
contracts is prima facie no crime, for it amounts only to per-
suading a man to do that which he has a perfect right to do.
Moreover, the motive with which an act lawful in itself is
done is immaterial. "An act which 'does not amount to a
legal injury cannot be actionable because it is done with a
bad intent." 3
And yet obviously there are cases, in which great mis-
chief might be done, if this rule were strictly adhered to.
Suppose several persons combine to do all in their power to
persuade the workmen at a certain factory simultaneously to
give notice that they will stop work at the earliest legal
1 Lumley v. Gye (1853), 2 E. & B. 216 ; Bowen v. Hall (1881), 6 Q. B. J). 333 ;
National Phonograph Co., Ltd. v. Edison Bell, #c, Co., Ltd., [1908] 1 Ch. 335.
2 South Wales Miners' Federation v. Glamorgan Coal Co., [1905] A C 239
8 Per Parke, B., in Stevenson v. Newnham (1863), 13 C. B. 297 cited with
approval by Lord Macnaghten in Quinn v. Leathern, [1901] A. C. at p 508
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