Breach of appointment is a common lawsuit, deleted in many jurisdictions. It is also called breach of contract to marry , and the medication given is known as heart balm .
From at least the Middle Ages to the beginning of the 20th century, the promise of a man to marry a woman was considered, in many jurisdictions, a legally binding contract. If the man then changes his mind, he will be said to be in "violation" of this promise and subject to litigation for damages.
The opposite of this is rarely true; the concept that "it is the prerogative of women to change their minds" has at least some basis in law (although a woman may pay a high social price to exercise this privilege, as described below) - and unless the money dowager or property has actually migrated the hand or the woman can be shown to be engaged to a man just to be able to use large sums of his money, a man rarely able to recover in a "promise" breach of a promise to a woman, whether she is even allowed to file one.
Changing social attitudes toward morals has led to a decline in this kind of action. Most jurisdictions, at least in the world of English common law, have become increasingly reluctant to intervene in cases of personal relationships that do not involve the welfare of children or actual violence. Many have revoked all laws regarding such incidents; whereas in other countries the law allowing such action may remain technically in the book but its actions become extremely rare and impossible to achieve with the probability of success. What arises instead is a judicial opinion and/or law that permits breach of contract action for marriage expenses incurred when marriage is canceled, or due to job loss, moving and living expenses incurred by one party as a result of a broken engagement.
Video Breach of promise
Cause of action
Breach of appointment law requires legal involvement of marriage. Under Nevada law, this is not necessary in writing (as a prenuptial agreement is required), but may have been made orally by both parties. All that is required is that each has promised the other to marry another in the future (no specific date is required). Generally, promises made by - but not for - people who have not reached the age of the majority can be broken anytime, without punishment, such as the promise made by a married person (eg, depending on the current death of a spouse), as long as the other party knows that the person is married at that time. Similarly, involvement among persons who are not legally permitted to marry (eg, due to a blood relation law) is invalid.
Legitimate engagement can be broken without penalty by either party after the discovery of significant and material facts, such as previously unknown financial circumstances (if completely hidden, and not partially revealed: the Shell case in Georgia in 2008 permitted the jury award for a woman of $ 150,000 even if the person who breaches the engagement stated that she did so after paying $ 30,000 of her debt when she found she still owes more), bad character, fraud, too close blood relations, or absolute physical and mental disability than the mated. In South Africa, engagement may be dissolved by mutual agreement. Impotence, sterility, crime, and alcoholism also form a valid reason for ending the engagement. In addition, people who refuse to marry can not sue for breach of appointment.
Some of the original theories behind this act are based on the idea that a woman will be more likely to hand her virginity to a man if he has a promise to marry her. If she persuades her and then refuses marriage, her lack of virginity will make her future looking for a suitable husband more difficult or even impossible.
However, in the 18th and 19th centuries, the main factors were compensation for the rejection of women's expectation to be "established" in the household (supported by her husband's wealth) and possible damage to her social reputation, as there were a number of ways that a woman's reputation unmarried young of a polite class could be damaged by a broken engagement, or a clear intimacy period that does not end in a publicly announced engagement, even if some people seriously think that he has lost his life. virginity. He may be considered to have violated the codes of simplicity of a period girl by carelessly offering compassion without having a strong guarantee of a future marriage.
During the early twentieth century, social standards changed so that a woman who pre-married was no longer considered "destroyed". During that time, half the American women lost their virginity during their marriage engagement. Compensation is based on emotional stress and reduces the chance of women marrying in the future. The damage is greatly increased if the couple is having pre-marital sex.
In 1915, Louis A. Merrilat, an American football officer and officer active in the early 20th century, was sued by Helen Van Ness for breaking a promise after breaking the engagement. Merrilat hired a renowned Chicago lawyer, Clarence Darrow, to defend him against the allegations.
Maps Breach of promise
Laws in different countries
English
In England until 1970 a woman whose fiancé broke their engagement could sue her for a Breach of Promise, while a woman, historically regarded as a weaker, was allowed to change her mind without punishment. The last standout case was in 1969, when Eva Haraldsted sued George Best, the leading footballer, for Breach of Promise. England and Wales undertook a legal reform in 1970 that generally led to property disputes related to engagements to be dealt with like property disputes between married couples.
Asia
In Hong Kong, similar to the situation in the UK, the marriage engagement can not be enforced by law, the damage to tribulation caused and dependence on a claimable breach of promise, if the plaintiff suffers serious consequences in the light of certain circumstances, Cheung Suk Man v So Shek Keung [1965] HKLR 485.
North America
In Canada, general lawsuits have been removed in some provinces by law. For example, in Saskatchewan, the act of breach of promise was officially abolished by law in 2010.
In the United States, most countries abrogated the breach of appointment or restricted it, beginning in 1935. Partly as a result, expensive, previously unusual diamond engagement rings began to become commonplace, and formed a kind of financial security for the woman..
South Carolina is one of the countries that still recognize violations of appointment action: Campbell v Robinson , 398 S.C. 12, 726 S.E. 2d 221 (App Ct 2012). But about half of US states still allow such lawsuits, according to National Paralegal College. Recent examples of the lawsuit include a $ 150,000 jury award in the 2008 Shell case in Georgia, and $ 130,000 in a North Carolina judge trial December 17, 2010 in the case of Dellinger v. Barnes (No. 08 CVS 1006). Laws vary by country. In Illinois, for example, documented marriage fees can be recovered, but damage to emotional distress is prohibited, and notices of intent to prosecute should be granted within three months after the engagement is dissolved.
Non-common-law jurisdiction
France does not nominally violate the promised action, stating that marriage must involve free consent from both parties, and if such involvement is legally binding, then free consent is not possible. However, any party may demand harm as a result of inappropriate conduct by the person involved.
In Scottish law before 1812, damage was limited to actual financial losses.
After World War II, German, Spanish and Italian laws enabled the recovery of actual damages that occurred as a result of a failed engagement.
Define damage
Damage is generally allowed for expenses incurred on wedding expectations, such as property transferred or wedding expenses. In some jurisdictions, emotional distress, loss of social status, and loss of virginity are also sources of damage.
Some countries also allow the woman to demand a loss of income in the future, that is, for the money she will have, if her very rich fiance does not break her engagement. In 20th century reforms, this is generally abolished because of the fear of extracting gold.
One of the challenges in settling disputes for breach of appointment is to determine whether the reward made during the engagement is an absolute gift - permanently given, unconditional - or a conditional gift, given in the hope of marriage. If an engagement gift is given on a holiday, such as Valentine's Day or Christmas, the gift may be considered non-contingent, and is provided partly for reasons other than marriage, and thus should not be returned. Christmas gifts are generally regarded as absolute prizes, and therefore can not be recovered if the engagement vanishes, but engagement rings are generally taken as conditional rewards, at least in many circumstances, meaning that they must be returned if the recipient no longer chooses to undergo marriage. Whether the engagement ring should be returned if the giver breaks the engagement varies.
Similar actions in law
Criminal or "seduction" talk is a similar lawsuit, arising out of adultery, in which a married person may sue the person with whom his/her partner is engaged in adultery. Alienation of affection is yet another similar claim against a third party that encourages adultery, or who is responsible for the destruction of marriage.
In popular culture
Literature
The social damage from receiving the attention of a man is discussed in a section of Belinda's novel by Maria Edgeworth, where an elder woman urges Miss Belinda Portman to give her more time to append her affection, although Belinda worries that even if only passively receives her attention for a certain time, she may find herself "trapped, in order not to retract", even "if it is not in my power to love her eventually":
The act of breach of appointment is part of the standard stock in the trading of 19th-century comic writers (such as Charles Dickens in his book Pickwick Papers, or Gilbert and Sullivan in Trial by Juror) but most middle and upper class families are reluctant to use it except in extreme circumstances (such as when a girl is pregnant by a man who then refuses to marry her), because they lead to publicity given to the oversight of intimate personal attention, something that very disgusting with family feelings during that period (especially when young women worry).
Media
Trial by Jury was a comic and comic opera comer in 1875 who authorized a satirical trial for breach of appointment. A successful musical is credited with launching a career from the author of the W.S. librettist. Gilbert and composer Arthur Sullivan.
The Scales of Justice - tells the unusual case of a man suing a woman for breach of appointment after a yacht romance engagement.
In the mockumentary movie A Hard Day's Night, the character who plays Paul McCartney's grandfather is chased by a young woman who wants to sue an older man for breaking promises.
In season 8 of the Frasier TV show, Donny filed a lawsuit against Daphne for running away with Niles on their wedding day.
See also
- Money bouquet
References
External links
- Study in a Scarlet experiment narrative from America, England, and Ireland, the case of 1815-1914 from the Harvard Law School Library. (look for "Breach of appointment" in the Subject)
Source of the article : Wikipedia
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