Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Breach of promise
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Laws in different countries== === England and Wales === In England and Wales until 1970 a woman whose fiancΓ© broke off their engagement could sue him for breach of promise, whilst a woman was permitted to change her mind without penalty. The last prominent case was in 1969, when Eva Haraldsted sued [[George Best]], a prominent footballer, for breach of promise. England and Wales undertook legal reforms in 1970 that generally made property disputes related to engagements to be handled like property disputes between married couples.<ref name="Reform" /> On 1 January 1971 the tort was abolished in England and Wales by section 1 of the Law Reform (Miscellaneous Provisions) Act 1970.<ref>{{Cite web|title=Law Reform (Miscellaneous Provisions) Act 1970|url=https://www.legislation.gov.uk/ukpga/1970/33|url-status=live|access-date=13 November 2021|website=Legislation.gov.uk|archive-url=https://web.archive.org/web/20101013051228/http://www.legislation.gov.uk/ukpga/1970/33 |archive-date=2010-10-13 }}</ref> ===Asia=== In Hong Kong, similar to the situation in England and Wales, engagements to marry are not enforceable at law by legislation, damages for distress caused and reliance on the breach of promise are claimable, if the plaintiff suffers sufficiently serious consequences in light of the specific circumstances, for instance in ''Cheung Suk Man v So Shek Keung'' [1965] HKLR 485. In 2019, the [[Supreme Court of India]] ruled that sex on false promise of marriage constitutes [[rape]].<ref>BBC News, 19 April 2019, [https://www.bbc.com/news/world-asia-india-47959684 Why India sees sex on false promise of marriage as rape]</ref> === North America === In Canada, the common law action has been abolished in some provinces by legislation. For example, in [[Saskatchewan]], the action for breach of promise was formally abolished by legislation in 2010.<ref>[http://www.qp.gov.sk.ca/documents/english/Chapters/2010/Chap-28.pdf ''The Queen's Bench Amendment Act, 2010''], Statutes of Saskatchewan 2010, c. 28, s. 6.</ref> The first known [[lawsuit]] for breach of promise in [[colonial America]] and the first in which the defendant was a woman was [[Cecily Jordan v. Greville Pooley dispute|''Cecily Jordan v. Greville Pooley'']].<ref>{{Cite web|url=https://books.google.com/books?id=pqdOAQAAMAAJ&q=first+breach+of+promise+suit+women+pooley&pg=PA108|title=A History of Colonial Virginia: The First Permanent Colony in America|last=Criddlin|first=William Broaddus|access-date=20 Jan 2019|year=1923}}</ref>{{rp|107β108}} This case was tried in the chambers of the [[Virginia Company]] and never went to a civil court, as the [[plaintiff]] withdrew his complaint. The first successful case was ''Stretch v Parker'' in 1639.<ref>{{Cite journal|title=Contracts To Marry-Columbia Law Review Vol 25, No.3 (Mar., 1925)|journal = Columbia Law Review|volume = 25|issue = 3|pages = 343β348|jstor = 1113025|year = 1925}}</ref>{{rp|343}} In 1915, [[Louis A. Merrilat]], an [[American football]] [[End (American football)|end]] and military officer active in the early 20th century, was sued by Helen Van Ness for breach of promise after breaking off an engagement.<ref>{{cite news|title=Merillat, Former Army Eleven Captain, Is Sued for Breach of Promise|work=Indianapolis Star|date=1915-11-23}}</ref><ref>{{cite news|title=She sues Army athlete: Girl Claims Lieut. Merillat Jilted Her and Asks $20,000; Miss Van Ness, of Ohio, Says Officer Wed Another β Met Him at West Point Social Function|newspaper=The Washington Post|date=1915-11-23}}</ref> Merrilat hired the noted Chicago attorney [[Clarence Darrow]] to defend him against the charges, which were eventually dismissed.<ref>{{Cite web | url=https://www.smithsonianmag.com/history/the-football-star-and-the-wrath-of-his-would-be-bride-3622576/ | title=The Football Star and the Wrath of his Would-Be Bride}}</ref><ref>{{cite news|title=Asks $20,000 Heart Balm: Girl sues Army officer; Miss Van Ness and Lieutenant Merillat, Jr.; Jilted Stenographer Seeks Redress When West Pointer Weds Another|work=Salt Lake Tribune|date=1915-11-29}}</ref> In the United States, most states repealed breach-of-promise laws or limited them, beginning in 1935.<ref name="Brinig" /> Partly as a result, expensive diamond [[engagement ring]]s, previously uncommon, began to become commonplace, and formed a sort of financial security for the woman.<ref name="Brinig" /> [[South Carolina]] is one of the states that still recognizes a breach of promise action: [https://scholar.google.com.au/scholar_case?case=16439775895686510622&hl=en&as_sdt=6&as_vis=1&oi=scholarr&sa=X&ei=yunaU-GFE5fq8AXRp4H4Aw&ved=0CB4QgAMoATAA ''Campbell v Robinson''], 398 S.C. 12, 726 S.E. 2d 221 (Ct. App. 2012). About one-half of U.S. states still permit such lawsuits, according to the [[National Paralegal College]]. Examples of such suits include a jury award of $150,000 in the 2008 Shell case in Georgia,<ref name=ShellCase/> and $130,000 in a North Carolina jury trial December 17, 2010, in the case of ''Dellinger v. Barnes'' (No. 08 CVS 1006). Laws vary by state. In [[Illinois]], for example, documented wedding expenses can be recovered, but damages for emotional distress are prohibited, and notice of an intent to sue must be provided within three months of the engagement being dissolved.<ref>{{Cite web|url=https://www.isba.org/sections/familylaw/newsletter/2011/06/brokenengagements|title=Broken engagements|last=Manzano|first=Kelly|date=June 2011|publisher=Illinois State Bar Association|language=en|access-date=2017-04-29}}</ref>
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)