English contract law is a body of law regulating contracts in England and Wales. The document also includes supporting commentary from … She appealed. Lumley sued for an injunction to prevent her fro singing elsewhere. LUMLEY V. WAGNER. She also promised that, during this period, she would not to perform anywhere else. Later, Covent Garden a competitor convinced Wagner to break her contract with Lumley and sing for them. Lumley v. Wagner. Brief Fact Summary. 6 (Dist. She contracted with a competing theatre. IN the written contract, there was a provision that the singer not perform at any other opera hall. 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. Although this injunction may indirectly prompt Wagner to sing for Lumley, it is not a direct court command and subsequently is allowed. 1. While Lumley v. Wagner was decided in 1852 in England, it was not noticed by American courts until considerably later. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. She breached her contract and intended to sing at another opera. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email 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. IN the written contract, there was a provision that the singer not perform at any other opera hall. videos, thousands of real exam questions, and much more. 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. Why Would Money Damages Not Be Sufficient In This Case, Or Would They? Rep. 687 [1852] Date decided 1852 Facts. In the present case, the court can't constrain Wagner to sing for Lumley. 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. When it is said that equity can not make one sing or Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. Wagner did not sing for Lumley however, but instead decided to sing for another party. LUMLEY V. WAGNER. 5. 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] Subsequently, Covent Garden, a rival theatre, convinced Wagner to break her contract with Lumley and sing for that theatre instead. Thank you and the best of luck to you on your LSAT exam. Lumley v. Gye [1853] EWHC QB J73 is a foundational English tort law case, heard in 1853, in the field of economic tort. 1 De G., M. & G. 604, 42 Eng. 1853) Torts case summary for law school. She breached her contract and intended to sing at another opera. If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. 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 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. When it is said that equity can not make one sing or Johanna Wagner (defendant) agreed to sing exclusively for Benjamin Lumley’s (plaintiff) theatre. Contract; remedies for breach; injunctions; prevention of threatened breach of contract. Lumley v. Wagner: Court Chancery Division Citation 1 De G., M. & G. 604, 42 Eng. Lumley brought suit. 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. The document also includes supporting commentary from … May a court enforce a negative injunction on an individual, preventing her from accomplishing something she indirectly contracted not to do? 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 … She also promised that, during this period, she would not to perform anywhere else. Sign in with your library card. After a breach by Wagner, Lumley wished to enforce both of these promises through an order of specific performance. Lumley sued for an injunction to prevent her fro singing elsewhere. Frederick Gye (defendant) operated a competing venue. He employed Johanna Wagner as a performer. But, on the other hand, there is Catt v. Lumley v. Wagner 42 Eng. Lumley sued. 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). Lumley v Wagner. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Issues Rep. 687 [1852] Relevant Facts. 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. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Facts: Lumley hired Wagner, an Opera singer, to sing for a specified time at his opera hall. Facts: Miss Wagner was an opera singer at Lumley’s theatre on a three month contract. 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. Under the contract Wagner was not permitted to sing or use her talents elsewhere. See supra p. 106. Wagner (1852) 5 De. 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 … Gye and Wagner made an agreement that Wagner would break her contract and refuse to sing at Lumley’s theatre. You have successfully signed up to receive the Casebriefs newsletter. Rep. 749 (K.B. 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. 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. Later, Covent Garden a competitor convinced Wagner to break her contract with Lumley and sing for them. Issues. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. Lumley v. Wagner: Court Chancery Division Citation 1 De G., M. & G. 604, 42 Eng. Lumley v. Gye, 118 Eng. 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. If you are interested, please contact us at [email protected] Defendant was an opera singer who contracted to sing at plaintiff’s opera. Facts: Lumley hired Wagner, an Opera singer, to sing for a specified time at his opera hall. D subsequently agreed to sing in another theatre. (4th ed. 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. There was a term in the contract preventing her from singing for … 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. Rep. 687 England - 1852 Facts: P contracted with D to have her sing in his theatre for 3 months. 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. See Ford v. Jermon, 6 Phila. Defendant was an opera singer who contracted to sing at plaintiff’s opera. Lumley v Wagner Facts An opera singer was restrained by injunction from singing from LAW MISC at University of New South Wales 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. Lumley v. Gye. 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. Ct. 1865). After the enactment of the 13th Amendment in 1865, specific performance of labor contracts was … Benjamin Lumley (plaintiff) operated an opera house. 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 Suppose the shoe in Lumley v. Wagner had been on the other foot. 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. Lumley (Plaintiff) entered into a contract with Miss Wagner for her to sing for three months at Plaintiff’s theatre. 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Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Lord St Leonards LC, in the Court of Chancery, held the injunction did not constitute indirect specific performance of Wagner’s obligation to sing. Please check your email and confirm your registration. You could not be signed in, please check and try again. Frederick Gye, who ran Covent Garden Theatre, offered her more money to break her contract with Mr Lumley and sing for him. So an order could be granted that prohibited Mlle Wagner from performing further other than at Her Majesty's Theatre. 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. Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Wagner did not sing for Lumley however, but instead decided to sing for another party. 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. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. Issues. 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. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract.. Facts. If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. Lumley v Wagner (1852) 42 ER 687. Nonetheless, the court establishes that it might enjoin Wagner from singing for another person, particularly Covent Garden. You also agree to abide by our Terms of Use and our Privacy Policy, and you may cancel at any time. Your Study Buddy will automatically renew until cancelled. Yes. Wagner agreed to sing at Gye’s theatre only. 1971). P sued D in a court of equity seeking an injunction to keep D from singing in other theatres. Lumley v Wagner: 1852. Under her employment contract, Lumley prohibited Wagner from performing elsewhere during the season. Your Study Buddy will automatically renew until cancelled. Johanna Wagner (defendant) contracted to sing solely for Benjamin Lumley's (plaintiff) theater for one season. There was a term in the contract preventing her from singing for anyone else for the duration of the contract. 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… Facts: The plaintiff brought this action seeking to recover damages against the defendant for wrongfully and maliciously enticing a singer to abandon her contract. 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™. Facts Johanna Wagner (defendant) contracted to sing exclusively for Benjamin Lumley’s (plaintiff) theatre for one season. 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. 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. Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. 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. Gye (Defendant) then entered into a deal with Wagner for her to sing at his theatre for more money. Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. 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). Lumley v Wagner [1852] EWHC (Ch) J96 is an English contract law case, concerning the right to terminate performance of a contract. 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 … Facts: Wagner contracted to sing in Lumley's theatre for a fixed period. G & S 485, express negative words. Sir James Parker granted an injunction to restrain Mlle Wagner. Procedural History: Lower court found for P, injunction granted. We are looking to hire attorneys to help contribute legal content to our site. She contracted with Mr Lumley that she would sing at his theatre for a certain period of time. Please enter your library card number She breached her contract and intended to sing at another opera. It held that one may claim damages from a third person who interferes in the performance of a contract by another. 3. In The Lumley V. Wagner Case, Was It Fair To Prevent Wagner From Performing Anywhere Else? address. 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. 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. Unlock your Study Buddy for the 14 day, no risk, unlimited trial. You also agree to abide by our. 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. Rep. 687 [1852] Date decided 1852 Facts. Chancery Division. 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. Accordingly, Covent Garden, an opponent theater, persuaded Wagner to break her agreement with Lumley and sing for that theater instead. 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. 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. 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S opera, it was not noticed by American courts until considerably later signed in please. You have successfully signed up to receive the Casebriefs newsletter not noticed American... Sing for Lumley however, but instead decided to sing at lumley v wagner theatre for season... For the duration of the contract a provision that the singer not perform at any other hall. Use her talents elsewhere was a provision that the singer not perform any! Is a body of law Professor developed 'quick ' Black Letter law court Chancery Division Citation De! At his theatre for more money and try again South Wales 1 Garden! Abide by our Terms of use and our Privacy Policy, and much more, an opera who! Benjamin Lumley ’ s theatre only during the season 'quick ' Black Letter law for P injunction... An opera singer who contracted to sing exclusively for Benjamin Lumley 's ( ). American courts until considerably later, convinced Wagner to break her agreement Lumley. 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lumley v wagner
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