Lumley v. Gye
Encyclopedia
Lumley v Gye [1853] 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.
to sing exclusively at Her Majesty's Theatre
for three months. Frederick Gye
, who ran Covent Garden Theatre, induced her to break her contract with Mr. Lumley by promising to pay her more. Although an injunction
was issued to prevent her singing at Covent Garden, Gye persuaded her to disregard it. Lumley therefore sue
d Gye for damages
in respect of the income he had lost.
Wightman J and Erle J concurred.
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
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
Lumley v Wagner
Lumley v Wagner [1852] is an English contract law case, concerning the right to terminate performance of a contract.-Facts:Mlle Johanna Wagner was engaged by Benjamin Lumley to sing exclusively at Her Majesty’s Theatre on Haymarket for from 1 April 1852 for 3 months, two nights a week...
, where Mr Lumley successfully secured an injunction from Ms Wagner against performing for Mr Gye further.
Facts
The singer Johanna Wagner was engaged by Benjamin LumleyBenjamin Lumley
Benjamin Lumley, opera manager and solicitor, was born Benjamin Levy, in 1811, the son of a Jewish merchant Louis Levy, and died 17 March 1875 in London.-Beginnings at His Majesty's Theatre:...
to sing exclusively at Her Majesty's Theatre
Her Majesty's Theatre
Her Majesty's Theatre is a West End theatre, in Haymarket, City of Westminster, London. The present building was designed by Charles J. Phipps and was constructed in 1897 for actor-manager Herbert Beerbohm Tree, who established the Royal Academy of Dramatic Art at the theatre...
for three months. Frederick Gye
Frederick Gye
Frederick Gye was an English businessman and opera manager who for many years ran what is now the Royal Opera House, Covent Garden.-Life:...
, who ran Covent Garden Theatre, induced her to break her contract with Mr. Lumley by promising to pay her more. Although an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
was issued to prevent her singing at Covent Garden, Gye persuaded her to disregard it. Lumley therefore sue
Sue
Sue or SUE may refer to:* Door County Cherryland Airport in Sturgeon Bay, Wisconsin, USA* The action of filing a lawsuit.* Subsurface Utility Engineering* .sue, alternative name for ARC -Places:...
d Gye for damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
in respect of the income he had lost.
Judgment
Crompton J held that Lumley could claim damage 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.