Personal Services Contract CASES

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Lumley v Gye [1853] EWHC QB J73 (1 January 1853)

A theatre owner, Lumley, had an exclusive contract with singer Johanna Wagner. Gye, a rival, maliciously persuaded her to break this contract. The court held that an action for maliciously procuring a breach of contract was maintainable, establishing the tort of inducing breach of contract. Facts The plaintiff, Benjamin Lumley, was the proprietor of the Queen’s Theatre. He entered into a contract with a renowned opera singer, Johanna Wagner, for her to perform exclusively at his theatre for a specific period. The defendant, Frederick Gye, ran a rival theatre. The plaintiff alleged that the defendant, knowing of this existing contract,

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Lumley v Wagner [1852] EWHC Ch J96 (26 May 1852)

Opera singer Johanna Wagner contracted to sing exclusively for Lumley's theatre but then agreed to perform for a rival. The court granted an injunction preventing her from singing elsewhere, enforcing the negative stipulation, despite being unable to compel specific performance. Facts The claimant, Benjamin Lumley, was the lessee of Her Majesty’s Theatre. He entered into a contract with the defendant, Johanna Wagner, a celebrated opera singer, for her to perform exclusively at his theatre for a three-month period. A key term of the agreement was a negative stipulation, stating that Mdlle. Wagner would not use her talents at any other