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Inducing breach of a statutory duty

Industrial action may result in the contravention of a statutory duty imposed on employees or on employers. In certain limited circumstances, employers or third party suppliers may have a remedy for this illegality. A clear example is provided in Cunard Co v Stacey96 where the Court of Appeal construed the Merchant Shipping Act 1894 in such a way as to permit the employers to sue the union organisers of industrial action in tort who had induced their members to break provisions of the Act that criminalised strike action.