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Torquay Hotel Co Ltd v Cousins
''Torquay Hotel Co Ltd v Cousins'' () 2 Ch 106 () is a UK labour law case concerning the liability of a union when its members take industrial action.
In it Lord Denning MR invented a new economic tort for interference with a contract. This was not there before, because economic torts had only existed where the result of some action was unlawful, for instance the ''breach'' of a contract, intimidation (see ''Tarleton v McGawley'' (1793) 1 Peake 270) or conspiracy to injure. The House of Lords has subsequently rejected the existence of a separate tort for interference with a contract which can be constituted without unlawful actions or without a contractual breach.〔see also now, ''OBG Ltd v Allan'' () (UKHL 21 ), () 2 WLR 920〕
==Facts==
Torquay Hotel Co Ltd had a contract for the supply of oil from Esso Petroleum Co Ltd. It contained a ''force majeure'' clause. The Transport and General Workers Union went on strike and blocked that supply. There was therefore no breach of contract by the Esso for failing to deliver. Torquary Hotel nevertheless sued the union, of which Mr Frank Cousins was the general secretary.
Lord Denning MR set out the facts in his judgment.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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