Lumley v. Gye
118 Eng. Rep. 749 (K.B. 1853). 

Facts:

Lumley had an agreement with Wagner to have Wagner sing at his opera house. Gye maliciously procured her away so Lumley sued.

  • Note: These cases are taken out of employment at will, since there’s a definite term, or some definite act.

Issue:

Does Lumley have a valid cause of action against Gye for interfering?

Holding:

Yes.

Reasoning:

Tortious interference with a contract. The elements of tortious interference with a contract are

(1) a contract between the plaintiff and a third party;

(2) defendant’s knowledge of the contract;

(3) the defendant intentionally engaged in acts or conduct designed to induce the third party to breach the contract with the plaintiff;

(4) the defendant’s conduct induced the third party to breach the contract with the plaintiff; and

(5) damage to the plaintiff.