Lumley v Gye [1853] EWHC QB J73 is a foundational case in economic tort. It established that one may claim damages from a third person who interferes in the performance of a contract.
The singer Wagner was engaged by Lumley to sing exclusively at Her Majesty's Theatre for three months. Gye, who ran Covent Garden Theatre, induced her to break her contract with 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 sued Gye for damages in respect of the income he had lost.
The court held that Lumley could claim damages from Gye on the basis that Gye wrongfully and maliciously enticed Wagner to break her contract with Lumley.
You can learn more about this topic with our Tort Law notes.
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