An Introduction to Trade Union Law

Cover An Introduction to Trade Union Law
An Introduction to Trade Union Law
Henry H Henry Herman Schloesser
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Liability in Tort for Concerted Interference.
It is provided by Section 1 of the Trade Disputes Act that, where a trade dispute is in contemplation or furtherance, an act done in pursuance of an agreement or combination is not action- able unless the act would be actionable if done without anj^ such agreement or combination and even where no dispute exists. At common law, on the other hand, it appears clear from recent decisions that, where no action will lie against an individual for interfere
...nce without breach of contract, an action may lie against a combination for similar acts done by them collectively.
39 Strikes and similar combinations to better the conditions of labour are not in theinselves, it is true, unlawful at common law. There is no foundation for the proposition that strikes are per se illegal or unlawful by the law of England. It is true that occasional dicta are to be found to the effect that combinations to better the conditions of labour are unlawful at common law, bvit the Courts have never accepted the law thus laid down, and eminent judges have expressed views to the contrary.


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