Lumley v Wagner (1852)

Contract I · Specific Performance & Injunctions

Facts.

An opera singer agreed to sing exclusively at Lumley’s theatre for a season and not to sing elsewhere. She then agreed to sing for a rival. Lumley sought to stop her.

Issue.

Can the court, which will not force a person to perform a personal service, nevertheless restrain her from breaching the negative part of the promise?

Held.

The court would not decree specific performance of the positive obligation to sing for Lumley, but it granted an injunction restraining her from singing for the rival, enforcing her express negative covenant.

Why it matters.

It is the classic authority that a negative stipulation may be enforced by injunction even where the positive obligation (personal service) cannot be specifically enforced — reflected in s.42 of the Act.

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