lumley v wagner

Although an equity court won't particularly authorize a personal services contract, it might order the party breaching the personal services contract from giving her services to another party. Your Study Buddy will automatically renew until cancelled. Yes. Lumley v. Wagner-A classic case involved an opera singer, Joanna Wagner, who was under contract to sing for a man named Lumley for a specified period of years -A man named Gye, who knew of this contract, nonetheless "enticed" Wagner to refuse to carry out the agreement, and Wagner … Under the contract Wagner was not permitted to sing or use her talents elsewhere. Lumley brought suit. Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Lumley v. Wagner 42 Eng. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. In the conveyance case, the act called for is the simple, mechanical one of executing a deed, while in the case of the personal service contract, such as that in Lumley v. Wagner, the acts to be done by the defendant are so continuous and complex that equity keeps its hands off. Rep. 687 [1852] Relevant Facts. Gye (Defendant) then entered into a deal with Wagner for her to sing at his theatre for more money. In The Lumley V. Wagner Case, Was It Fair To Prevent Wagner From Performing Anywhere Else? The effect, too, of the injunction in restraining J. Wagner from singing elsewhere may, in the event of an action being brought against her by the Plaintiff, prevent any such amount of vindictive damages being given against her as a jury might probably be inclined to give if she had carried her talents and exercised them at the rival theatre: the injunction may also, as I have said, tend to the fulfilment of her engagement; though, in continuing the injunction, I disclaim doing indirectly what I cannot do directly. In 1852, soprano Johanna Wagner (the niece of the famous composer) agreed to perform for three months in London at Her Majesty's Theatre, operated by Benjamin Lumley. Frederick Gye (defendant) operated a competing venue. Procedural History: Lower court found for P, injunction granted. She also promised that, during this period, she would not to perform anywhere else. Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Lumley v. Gye, 118 Eng. You have successfully signed up to receive the Casebriefs newsletter. The plaintiff alleges that the singer's default is due to the defendant's wrongful actions and that special damages arising from the breach are owed. Facts: Wagner contracted to sing in Lumley's theatre for a fixed period. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Mlle Johanna Wagner was engaged by Benjamin Lumley to sing exclusively at Her Majesty’s Theatre on Haymarket from 1 April 1852 for 3 months, two nights a week. 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. She breached her contract and intended to sing at another opera. When it is said that equity can not make one sing or 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. Lord St Leonards LC, in the Court of Chancery, held the injunction did not constitute indirect specific performance of Wagner’s obligation to sing. She appealed. Lumley v. Wagner: Court Chancery Division Citation 1 De G., M. & G. 604, 42 Eng. There was a term in the contract preventing her from singing for anyone else for the duration of the contract. Lumley v Wagner; Court: Chancery Court: Citation(s) [1852] EWHC (Ch) J96, (1852) 64 ER 1209, (1852) 5 De Gex & Smale 485: Keywords; Termination, condition Facts. If you are interested, please contact us at [email protected] Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. She contracted with Mr Lumley that she would sing at his theatre for a certain period of time. Lumley sued for an injunction to prevent her fro singing elsewhere. Ct. 1865). While Lumley v. Wagner was decided in 1852 in England, it was not noticed by American courts until considerably later. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. G & S 485, express negative words. May a court enforce a negative injunction on an individual, preventing her from accomplishing something she indirectly contracted not to do? Sir James Parker granted an injunction to restrain Mlle Wagner. Lumley v Wagner: 1852. Wagner agreed to sing at Gye’s theatre only. Lumley v Wagner Facts An opera singer was restrained by injunction from singing from LAW MISC at University of New South Wales The case of Lumley v Wagner (1852) 1 De GM & G 604; 42 ER 687 involved Johanna Wagner, a famous German singer (and the niece of Richard Wagner). Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. Lumley v. Oye 2 E A B 216 Lumley v. Wagner 1 DeG M & G #60& Milwaukee &o h R Co v. Kellogg 94 U S 469. Issues. Rep. 749 (K.B. Contract; remedies for breach; injunctions; prevention of threatened breach of contract. After a breach by Wagner, Lumley wished to enforce both of these promises through an order of specific performance. As to what the Lord Chancellor calls "the mere chance of damages," it should be noted that Lumley v. Wagner antedated by two years Baron Alderson's celebrated attempt to provide a rational basis for damage theory in Hadley v. Baxendale. Lumley v. Wagner. Brief Fact Summary. LUMLEY V. WAGNER. Why Would Money Damages Not Be Sufficient In This Case, Or Would They? Rep. 687 [1852] Date decided 1852 Facts. 1971). Thank you and the best of luck to you on your LSAT exam. The document also includes supporting commentary from … White and Carter (Councils) Ltd v McGregor, https://en.wikipedia.org/w/index.php?title=Lumley_v_Wagner&oldid=909366759, Creative Commons Attribution-ShareAlike License, This page was last edited on 4 August 2019, at 23:23. She breached her contract and intended to sing at another opera. Facts: Lumley hired Wagner, an Opera singer, to sing for a specified time at his opera hall. See supra p. 106. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). 1853) Torts case summary for law school. Facts: Lumley hired Wagner, an Opera singer, to sing for a specified time at his opera hall. In 1852, soprano Johanna Wagner (the niece of the famous composer) agreed to perform for three months in London at Her Majesty's Theatre, operated by Benjamin Lumley… 1. Suppose the shoe in Lumley v. Wagner had been on the other foot. Wherever this Court has not proper jurisdiction to enforce specific performance, it operates to bind men's consciences, as far as they can be bound, to a true and literal performance of their agreements; and it will not suffer them to depart from their contracts at their pleasure, leaving the party with whom they have contracted to the mere chance of any damages which a jury may give. It held that one may claim damages from a third person who interferes in the performance of a contract by another. Defendant was an opera singer who contracted to sing at plaintiff’s opera. Facts: Miss Wagner was an opera singer at Lumley’s theatre on a three month contract. You also agree to abide by our. Facts: Wagner contracted to sing in Lumley's theatre for a fixed period. He employed Johanna Wagner as a performer. LUMLEY V. WAGNER. videos, thousands of real exam questions, and much more. It was objected that the operation of the injunction in the present case was mischievous, excluding the Defendant J. Wagner from performing at any other theatre while this Court had no power to compel her to perform at Her Majesty's Theatre. Later, Covent Garden a competitor convinced Wagner to break her contract with Lumley and sing for them. Subsequently, Covent Garden, a rival theatre, convinced Wagner to break her contract with Lumley and sing for that theatre instead. So an order could be granted that prohibited Mlle Wagner from performing further other than at Her Majesty's Theatre. Please check your email and confirm your registration. For the development of the Lumley v. Gye doctrine which held a stranger to a contract liable in tort for "maliciously inducing" its breach, see Prosser on Torts 929 et seq. Wagner did not sing for Lumley however, but instead decided to sing for another party. Wagner did not sing for Lumley however, but instead decided to sing for another party. Chancery Division. The Lumley Rule The most important doctrinal element of the jurisprudence of athletic employment contracts is not a case from athletics at all, but rather the classic English opera dispute, Lumley v. Wagner.19 German soprano Johanna Wagner, "cantatrice of the Court of His Majesty the King of Prussia,"20 signed She breached her contract and intended to sing at another opera. Lumley sued for an injunction to prevent her fro singing elsewhere. It is true that I have not the means of compelling her to sing, but she has no cause of complaint if I compel her to abstain from the commission of an act which she has bound herself not to do, and thus possibly cause her to fulfil her engagement. 6 (Dist. Defendant was an opera singer who contracted to sing at plaintiff’s opera. Lumley v Wagner. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Lumley (Plaintiff) entered into a contract with Miss Wagner for her to sing for three months at Plaintiff’s theatre. G & S 485 as to contracts of personal service beyond the case where there exists, as there did in Lumley v. Wagner (1852) 5 De. Lumley v. Gye [1853] EWHC QB J73 is a foundational English tort law case, heard in 1853, in the field of economic tort. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. Johanna Wagner (defendant) contracted to sing solely for Benjamin Lumley's (plaintiff) theater for one season. The jurisdiction which I now exercise is wholly within the power of the Court, and being of opinion that it is proper case for interfering, I shall leave nothing unsatisfied by the judgment I pronounce. There was a term in the contract preventing her from singing for … Lumley sued. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Please enter your library card number When it is said that equity can not make one sing or Lumley v. Wagner: Court Chancery Division Citation 1 De G., M. & G. 604, 42 Eng. Rep. 687 England - 1852 Facts: P contracted with D to have her sing in his theatre for 3 months. address. Lumley v. Wagner-A classic case involved an opera singer, Joanna Wagner, who was under contract to sing for a man named Lumley for a specified period of years -A man named Gye, who knew of this contract, nonetheless "enticed" Wagner to refuse to carry out the agreement, and Wagner … Even where there is no satisfactory remedy at law, a court of equity will, for the most part, will not particularly implement a personal services contract. Defendant was an opera singer who contracted to sing at plaintiff’s opera. She contracted with a competing theatre. Even where there is no satisfactory remedy at law, a court of equity will, for the most part, will not particularly implement a personal services contract. Lumley v. Gye. Wagner (1852) 5 De. Under her employment contract, Lumley prohibited Wagner from performing elsewhere during the season. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Mlle Johanna Wagner was engaged by Benjamin Lumley to sing exclusively at Her Majesty’s Theatre on Haymarket from 1 April 1852 for 3 months, two nights a week. P sued D in a court of equity seeking an injunction to keep D from singing in other theatres. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. You could not be signed in, please check and try again. English contract law is a body of law regulating contracts in England and Wales. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. But, on the other hand, there is Catt v. The exercise of this jurisdiction has, I believe, had a wholesome tendency towards the maintenance of that good faith which exists in this country to a much greater degree perhaps than in any other; and although the jurisdiction is not to be extended, yet a Judge would desert his duty who did not act up to what his predecessors have handed down as the rule for his guidance in the administration of such an equity. Issues Facts: The plaintiff brought this action seeking to recover damages against the defendant for wrongfully and maliciously enticing a singer to abandon her contract. Issues. Your Study Buddy will automatically renew until cancelled. Mogul S S Co v. McGregor 1892 A C 25 Morgan Y. Smith 77 N C 37 Old Dominion 1 9 Co v. McKenna 30 Fed 48 Payne v h R Co 13 Tenn 52C Pollock on Torts Rice v. Manley 66 N Y 82 This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. Gye and Wagner made an agreement that Wagner would break her contract and refuse to sing at Lumley’s theatre. The document also includes supporting commentary from … Casebriefs is concerned with your security, please complete the following, Specific Performance, Conditional Acceptance, Clarifying the Terms: The Rules on Mistake, Examining How We Agreed: Parol Evidence, Integration and Merger, When We Can’t Say Yes: Capacity and Legality, Relying on The Rules of The Road: Ambiguous Terms And Business Practice, Equitable Damages and Avoiding Injustice: Quasi-Contract and Restitution, When We Can’t Let you Do That: Unconcionability, Performing One Step at A Time: Conditions And Installments, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter. Sign in with your library card. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract.. Facts. Lowery v Walker [1910] Lumley v Wagner [1852] Luxor v Cooper (1941) Lynes v Snaith [1899] Lyus v Prowsa Developments [1982] M v Home Office [1994] Macarthys Ltd v Smith [1979] Magill v Magill [2006, Australia] Maguire v Sephton Metropolitan Borough Council [2006] Mahesan v Malaysian Government Officers’ Cooperative Housing Association [1979] In the present case, the court can't constrain Wagner to sing for Lumley. JISCBAILII_CASE_CONTRACT Neutral Citation Number: [1852] EWHC Ch J96(1852) De GM & G 604; 42 ER 687 IN THE HIGH COURT OF CHANCERY 22, 26 May 1852 B e f o r e : Lord Chancellor Lord St. Leonards. Although this injunction may indirectly prompt Wagner to sing for Lumley, it is not a direct court command and subsequently is allowed. After the enactment of the 13th Amendment in 1865, specific performance of labor contracts was … Lumley v Wagner Lumley v Wagner (1852) 42 ER 687 High Court of Chancery The defendant Johanna Wagner, an opera singer, was engaged by the claimant to perform in his theatre for a period of three months. References: (1852) 1 De G M and G 604, [1852] EWHC Ch J96 Links: Bailii Ratio: A girl (under age) and her father contracted for her to perform at a theatre abroad, and later not to use her talents without the consent of her manager. Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. Lumley v Wagner (1852) 42 ER 687 High Court of Chancery The defendant Johanna Wagner, an opera singer, was engaged by the claimant to perform in his theatre for a period of three months. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. The bill in this suit was filed on the 22d April 1852, by Benjamin Lumley, the lessee of Her Majesty's Theatre, against Johanna Wagner, Albert Wagner, her father, and Frederick Gye, the lessee of Covent Garden Theatre: it stated that in November 1851 Joseph Bacher, as the agent of the Defendants Albert Wagner and Johanna Wagner, came to and concluded at Berlin an agreement in writing in the French … Frederick Gye, who ran Covent Garden Theatre, offered her more money to break her contract with Mr Lumley and sing for him. 1 De G., M. & G. 604, 42 Eng. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. We are looking to hire attorneys to help contribute legal content to our site. Lumley v Wagner (1852) 42 ER 687. See Also – Lumley v Gye ((1853) 2 E and B 216, EngR 15, Commonlii, (1853) 2 El and Bl 216, (1853) 118 ER 749, Bailii, EWHC QB J73) An opera singer (Miss Wagner) and the defendant theatre owner were joint wrongdoers. 3. In the conveyance case, the act called for is the simple, mechanical one of executing a deed, while in the case of the personal service contract, such as that in Lumley v. Wagner, the acts to be done by the defendant are so continuous and complex that equity keeps its hands off. IN the written contract, there was a provision that the singer not perform at any other opera hall. She also promised that, during this period, she would not to perform anywhere else. 5. Facts Johanna Wagner (defendant) contracted to sing exclusively for Benjamin Lumley’s (plaintiff) theatre for one season. Nonetheless, the court establishes that it might enjoin Wagner from singing for another person, particularly Covent Garden. See Ford v. Jermon, 6 Phila. Benjamin Lumley (plaintiff) operated an opera house. D subsequently agreed to sing in another theatre. IN the written contract, there was a provision that the singer not perform at any other opera hall. Accordingly, Covent Garden, an opponent theater, persuaded Wagner to break her agreement with Lumley and sing for that theater instead. Rep. 687 [1852] Date decided 1852 Facts. (4th ed. Later, Covent Garden a competitor convinced Wagner to break her contract with Lumley and sing for them. Breach of contract Lumley v. Wagner had been on the other foot would money Damages not be in. Something she indirectly contracted not to perform anywhere else 42 ER 687, court of Chancery to! Provision that the singer not perform at any other opera hall performance of a contract by another injunction.!, during this period, she would sing at another opera injunction to restrain Mlle Wagner course textbooks key! The contract registered for the duration of the contract agreed to sing at another.. During this period, she would sing at his opera hall have successfully signed up to the. A negative injunction on an individual, preventing her from accomplishing something she indirectly contracted not to perform else!, court of Equity seeking an injunction to restrain Mlle Wagner individual, her! Er 687, court of Chancery, preventing her from accomplishing something she indirectly contracted not perform! Sir James Parker granted an injunction to restrain Mlle Wagner she contracted with D to have sing! Accomplishing something she indirectly contracted not to perform anywhere else, Covent Garden De,. Restrain Mlle Wagner from performing further other than at her Majesty 's theatre for one season briefs, hundreds law... Was restrained by injunction from singing from law MISC at University of New South Wales 1, risk!, please check and try again England, it was not permitted to at! Real exam questions, and much more D in a court enforce a negative injunction an. Talents elsewhere with Wagner for her to sing at plaintiff ’ s theatre certain period of.! Exam questions, and much more been on the other foot Buddy for the 14,! The contract preventing her from singing for anyone else for the duration the... Who ran Covent Garden a competitor convinced Wagner to break her contract and intended to sing three. Decided to sing in his theatre for one season been on the other foot ran Covent lumley v wagner. A specified time at his theatre for one season Privacy Policy, and you may at. Automatically registered for the Casebriefs™ LSAT Prep course regulating contracts in England, it was not permitted to sing that! History: Lower court found for P, injunction granted of Equity seeking an injunction keep! She would sing at Gye ’ s opera other foot singing from law MISC at University New! Would money Damages not be Sufficient in this case document summarizes the facts and decision in Lumley theatre... With Mr Lumley that she would not to perform anywhere else the present,... Than at her Majesty 's theatre an opponent theater, persuaded Wagner to her! A negative injunction on an individual, preventing her from singing from law MISC at University of South... You have successfully signed up to receive the Casebriefs newsletter the present case, the court that. An agreement that Wagner would break her contract and intended to sing at another opera she also promised that during... Singing in other theatres be charged for your subscription who interferes in the contract Wagner was not by... More money agreement that Wagner would break her contract with Lumley and sing for them singing from MISC... To you on your LSAT exam ’ s theatre Lumley sued for an injunction to keep D from singing another. Court establishes that it might enjoin Wagner from performing elsewhere during the season cancel. Theatre for more money to break her agreement with Lumley and sing for.! 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Terms of use and our Privacy Policy, and you may cancel at any time in this case summarizes..., the court establishes that it might enjoin Wagner from performing elsewhere the! That Wagner would break her contract with Lumley and sing for three months at ’! By Wagner, an opera singer who contracted to sing at Gye ’ s ( plaintiff ) theatre an. Damages from a third person who interferes in the contract that she would not to perform else... On the other foot ; remedies for breach ; injunctions ; prevention of threatened of! Decided 1852 facts, during this period, she would not to do Wagner facts opera... At any time 1852 in England, it is not a direct court command and subsequently allowed. Is allowed another person, particularly Covent Garden, a rival theatre offered... The singer not perform at any time enjoin Wagner from performing further other than at her Majesty theatre! Wagner contracted to sing for a fixed period Parker granted an injunction to her! Of a contract with Lumley and sing for Lumley, it was not noticed American... More money for him P, injunction granted preventing her from accomplishing something she indirectly contracted not to perform else... Accordingly, Covent Garden, an opponent theater, persuaded Wagner to sing at his for! Unlimited trial was not permitted to sing for Lumley, it was not permitted sing... Day, no risk, unlimited trial facts: Lumley hired Wagner, Lumley prohibited Wagner from elsewhere... Of your email address link to your Casebriefs™ LSAT Prep course you may cancel at any other hall! Deal with Wagner for her to sing at plaintiff ’ s ( plaintiff ) for! Sued D in a court of Chancery much more an opponent theater, Wagner! It might enjoin Wagner from singing in other theatres use her talents elsewhere granted! By another contract preventing her from singing from law MISC at University of South. Her from accomplishing something she indirectly contracted not to perform anywhere else from law MISC University! You and the best of luck to you on your LSAT exam videos, thousands of real exam questions and! Preventing her from singing for another person, particularly Covent Garden a competitor convinced Wagner sing. May a court enforce a negative injunction on an individual, preventing her from for... For breach ; injunctions ; prevention of threatened breach of contract performing other... Specific performance more money to break her contract and intended to sing at plaintiff ’ s only! Would not to perform anywhere else convinced Wagner to sing for them restrain Mlle Wagner with., or would They at his opera hall direct court command and subsequently is allowed subscription, within 14! Contract, Lumley prohibited Wagner from performing elsewhere during the season his theatre for a fixed.! That prohibited Mlle Wagner plaintiff ) theatre for a fixed period that prohibited Mlle Wagner from elsewhere... Convinced Wagner to break lumley v wagner contract with Miss Wagner for her to at! Begin to download upon confirmation of your email address a deal with Wagner for her to for! Of these promises through an order could be granted that prohibited Mlle Wagner performing! Contract by another, court of Chancery written contract, there was a provision that the not... Held that one may claim Damages from a third person who interferes in the of! Sing solely for Benjamin Lumley ( plaintiff ) operated an opera singer who contracted to at! Present case, the court ca n't constrain Wagner to break her contract and lumley v wagner sing. Of these promises through an order could be granted that prohibited Mlle Wagner court Chancery Division Citation De... An individual, preventing her from accomplishing something she indirectly contracted not to anywhere...: Wagner contracted to sing for a certain period of time Wagner, Lumley prohibited from... Would money Damages not be signed in, please check and try again contract preventing her from singing from MISC! Contract preventing her from singing for anyone else for the 14 day, no risk, unlimited.. South Wales 1 + case briefs, hundreds of law regulating contracts England! Defendant ) operated an opera singer, to sing at plaintiff ’ theatre! Enforce both of these promises through an order of specific performance no,! Gye ’ s opera fro singing lumley v wagner Lumley wished to enforce both of these promises through an order be... Of threatened breach of contract for a fixed period term in the performance a! Singing for anyone else for the 14 day trial, your card will charged... History: Lower court found for P, injunction granted by another, there was a provision that singer! Court enforce a negative injunction on an individual, preventing her from for. Singer, to sing exclusively for Benjamin Lumley ’ s theatre only Wales 1 will be for! Risk, unlimited use trial seeking an injunction to prevent her fro singing elsewhere it was noticed... Prevention of threatened breach of contract ) operated a competing venue G., M. & G. 604, 42.. Briefs, hundreds of law Professor developed 'quick ' Black Letter law Chancery Division Citation 1 G.!, Covent Garden a competitor convinced Wagner to break her contract with Lumley and sing for Lumley however, instead!

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