The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 5 1928

The law of conspiracy is however a very wide subject and while attempts in the nature of overt acts for the commission of an offence or the doing of a lawful act by unlawful means or an agrement or plot by itself may in certain cicumstances bring two or more persons technically within the purview of the setion it is very hazardous to express any opinion as to the nature of the attempts [...] 1n the case of non-delivery of goods the disappointment may lead to heavy forfeiture under a contract to complete a 'work within a time but the melasure of 'damages against the vendor of the goods for nondelivery may 'be only the difference between the 'contract price and the market-value of goods In such cases he who procures the 'damage maliciously aniglit justly 'be made responsible beyon [...] LORD 1IERSCtIELL stated " A study of the ease of Lumley v. Gye has satisfied me that in that ease the majority of the court rgarded the circumstance that What the Ddfendant prcured was a breath of contract as the essence of the cause of action. [...] It is true that the word maliciously ' was to be found in the declaration the validity of which was then under consideration but.1 de not think the learned Judges regarded the allegation as involving the necessity of proving an evil motive of this part of the Defendant but merely as implying that the Dfendant had wilfully and knowingly procured a breach of contract." " Upon a review of th [...] The subsequent eases of Bowen v. Hall and Temperton v. Russel are authorities for the proposition that the principle is not confined to contracts of personal service." In Allen v. Flood sonic of the learned Judges reser-- ved their opinion as to the law applicable to the case in which the ground of action is the procuring or inducing a breach of contract—but laid down very dfinitely that