''Lumley v. Gye'' EWHC QB J73
is a foundational English tort law">853
EWHC QB J73
is a foundational English tort law case, heard in 1853, in the field of economic tort. It held that one may claim damages from a third person who interferes in the performance of a contract by another. Arising out of the same facts is also ''Lumley v Wagner'', where Mr Lumley successfully secured an injunction from Ms Wagner against performing for Mr Gye further.

Facts

The singer

Johanna Wagner Johanna Jachmann-Wagner or Johanna Wagner (13 October 1828 – 16 October 1894) was a mezzo-soprano singer, tragédienne in theatrical drama, and teacher of singing and theatrical performance who won great distinction in Europe during the third ...

was engaged by

Benjamin Lumley Benjamin Lumley (1811 – 17 March 1875 in London) was a Canadian-born British opera manager and solicitor. Born Benjamin Levy, he was the son of a Jewish merchant, Louis Levy. Beginnings at His Majesty's Theatre Lumley's father was a clothes-de ...

to sing exclusively at

Her Majesty's Theatre Her Majesty's Theatre is a West End theatre situated on Haymarket, London, Haymarket in the City of Westminster, London. The present building was designed by Charles J. Phipps and was constructed in 1897 for actor-manager Herbert Beerbohm Tree, ...

for three months.

Frederick Gye Frederick Gye (the younger) (1810–1878) was an English businessman and opera manager who for many years ran what is now the Royal Opera House, Covent Garden. Life Gye, son of Frederick Gye (the elder), was born at Finchley, Middlesex, in 1810 ...

, who ran

Covent Garden Theatre The Royal Opera House (ROH) is an opera house and major performing arts venue in Covent Garden, central London. The large building is often referred to as simply Covent Garden, after a previous use of the site. It is the home of The Royal Op ...

, induced her to break her contract with Mr. Lumley by promising to pay her more. Although an

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...

was issued to prevent her singing at Covent Garden, Gye persuaded her to disregard it. Lumley therefore

sued - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

Gye for

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

in respect of the income he had lost.

Judgment

Crompton J held that Lumley could claim damages from Gye. He observed that although the general law is there is no action, by then it had become clear that a claim lay for wrongfully and maliciously enticing a person to break their contract with another. Wightman J and Erle J concurred.

Notes

{{DEFAULTSORT:Lumley V Gye English tort case law United Kingdom labour case law 1853 in case law 1853 in British law Court of King's Bench (England) cases

Facts

Judgment

See also

Notes