BREACH OF MARRIAGE PROMISE
A common-law right of action for breaking a com-
mitment to enter into matrimony.
The right of action for breach of a marriage
promise has been abolished in a majority of
states.
Agreement to Marry
An agreement to marry is different from all
other contractual relations. The reason for this is
that both its object and the relationship created
between the parties are completely different
from those of any other contract. In order to
recover for breach of promise, the plaintiff must
establish that the two parties had a valid existing
contract to marry. This can be accomplished by
a showing that both parties had a clear intent for
the agreement to be binding.
If the parties to a contract to marry are inca-
pable of creating a valid agreement due to a legal
disability, a lawsuit for breach of marriage
promise cannot be sustained. Generally, a valid
defense to such an action is the infancy of the
promisor at the time of the agreement. The
infancy of the promisee, however, is not a valid
defense. Statutes provide the ages of infancy.
An individual who is incapable of making a
contract due to incompetence will not be held
liable for breach of promise. Similarly, a promise
to marry someone who is already married is
invalid, provided the promisee knew this fact.
When the plaintiff was unaware that the
promisor was already married, however, he or
she may recover. Upon the legal termination of
the marriage by DIVORCE, ANNULMENT,or
death of the former spouse, a defendant who
breaches a promise to marry the plaintiff may be
held liable.
A breach of contract action cannot be main-
tained when a marriage would be unlawful due
to INCEST.
Offer and Acceptance
Fundamental elements to the creation of a
marriage contract are an offer and acceptance. It
is not necessary that the offer be in formal lan-
guage. The key requirement is that both parties
comprehend that there was a clearly intended
offer of marriage. A statement of the intention
to marry to a third person, absent any other
indicated intent, is not enough.
An acceptance of an offer to marry must be
given within a reasonable period of time. Such
acceptance need not be formal but may be implied from the promisee’s behavior.
For a marriage contract to be enforceable,
there must be a showing that there has been a
meeting of the minds of the individuals to the
agreement. A promise to marry induced by
duress is invalid. Similarly, a promise to marry
made by fraudulent inducement—or fraudulent
concealment of facts that would prevent the
making of the agreement if revealed or disclosed—
will render the promise invalid and
relieve the innocent party from all liability.
A promise to marry must be based upon
legal consideration. Generally, one individual’s
promise is adequate consideration for the promise
of the other party. A promise to marry must
not be based solely upon illegal or immoral consideration,
such as sexual relations between the
parties. A promise based upon legal consideration
will not, however, be vitiated merely
because unlawful sexual intercourse took place
between the parties either prior to or following
the promise.
If a promise to marry is conditional, liability
for its breach will arise only following the performance
or occurrence of the agreed condition.
A contract to marry may be manifested by
many promises made at different times; however,
there is only a single contract, and only a
single breach can take place.
A contract to marry can be rescinded either
by mutual consent of the parties or in instances
of FRAUD or duress. The consent to postpone a
marriage alone does not constitute a release of
the obligation to perform it.
Breach
Unless there is a legally justifiable reason, an
unwillingness to perform one’s promise to
marry creates a breach of promise to marry.
Mere postponement of the wedding does not
constitute a breach unless it is done arbitrarily
and for no good reason. In such case, the postponement
can be regarded as equivalent to a
refusal to comply with the marital promise.
Defenses
Defenses exist other than the invalidity or
termination of the marriage contract and lack of
capacity.
The invalidity of the plaintiff ’s divorce from
a former spouse may be used as a defense only if
the issue of the divorce is raised on the ground
that there was a lack of jurisdiction on the part
of the court to permit the divorce. If the plaintiff
had an invalid divorce, the defendant cannot be
held liable for breach of the marriage promise
because the plaintiff was still lawfully married to
his or her former mate and, therefore, could not
validly contract a marriage with the defendant.
A valid defense to a breach of marriage
promise is the plaintiff ’s refusal to marry the
defendant. The defendant cannot later defend
himself or herself on the basis of the fact that he
or she subsequently offered to marry the plaintiff.
The engagement of the plaintiff to another
individual at the time of entering into a contract
with the defendant is not a defense. Similarly,
the marriage of the plaintiff to another party
subsequent to the defendant’s breach does not
excuse the defendant of liability for a breach.
Unattractive personality traits, or offensive conduct,
such as drunkenness, cannot be used as a
defense. When the objectionable behavior
amounts to a felony, however, it can be used as a
defense against the plaintiff in a breach of marriage
promise action.
Generally, a defendant will successfully
defeat an action by alleging physical incapacity
or disease that makes it either unsafe or
improper to enter into marriage. If a defendant
has knowledge of the disability when he or she
promises to marry the plaintiff there is no
defense. A disability on the part of the defendant
that would not interfere with the marital relationship
is insufficient to relieve a defendant of
his promise.
Damages
The nature and form of an action for breach
of marriage promise is contractual. Recoverable
damages include COMPENSATORY DAMAGES for
injury to the feelings and health of the plaintiff
as well as to his or her reputation. A plaintiff
may also recover damages for any financial loss
resulting from the breach, comparable to the
recovery in a breach of any other contract
action, in addition to compensation for loss of
advantages that would have stemmed from a
marital relationship with the defendant.
FURTHER READINGS
Hirshman, Linda, and Jane Larson. 1998.Hard Bargains: The
Politics of Sex. Don Mills, Ont.: Oxford Univ. Press.
Tushnet, Rebecca. 1998. “Rules of Engagement: Laws
Regarding Broken Marital Engagements.” Yale Law Journal
107 (June): 2583–618.
Wallman, Lester, and Sharon McDonnell. 1994. Cupid, Couples,
and Contracts: A Guide to Living Together, Prenuptial
Agreements, and Divorce. Sandy, Ore.:MasterMedia.
CROSS-REFERENCES
Divorce; Irretrievable Breakdown of Marriage; Marriage.
