The Illogicality and Obscurity of the Economic Torts

Another cause of action relied on by the respondents against the appellant was the tort of conspiracy and it is this aspect of the decision which interests this commentator. [O]ne cannot help feeling slightly disappointed that an opportunity to rationalise or, at least, to highlight the difficult juridical foundations of the tort of conspiracy has been missed. The critical problem is the impossibility of true reconciliation of the tort of conspiracy by lawful means with the principle that a lawful act cannot become unlawful simply because it is actuated by malice, ill-will or, in the language of the tort, a predominant intention to injure.