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Home · Guides · What Is A Breach of Promise?

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What Is A Breach of Promise?

Breach of promise laws are nearly obsolete in many areas of the world. There are however, some jurisdictions that do still allow for breach of promise lawsuits, provided the person injured by the broken promise wants to pursue legal recourse. A breach of promise is basically one person going back on their promise to marry another. If someone consents to marriage and then withdraws that consent before the wedding, a breach of promise lawsuit could ensue.

These lawsuits typically involve the injured party seeking some form of compensation for the broken promise. The concept of the law is that the person to whom the promise was broken took steps during the engagement to prepare for a wedding that did not happen. These steps could have involved cost of some sort. For instance, a bride who purchases a wedding gown, bridesmaid's gowns and catering could sue on the grounds of breach of promise to recover some of her monetary loss if the groom backs out of the wedding before it happens.

Those jurisdictions that do still hold a breach of promise as a valid legal act often have specific guidelines for determining if the injured party deserves to receive monetary compensation and the amount of that compensation. While most people will simply prefer to move on, there are some instances where breach of promise lawsuits do still happen. In some states however, there are laws that prohibit these lawsuits even if they are merited and it can be proven that an engagement was evident. Some states simply have no provisions regarding this type of lawsuit which makes it very difficult for those attempting to file.

While the United States is rather lax on breach of promise and what the injured party can do to recover loss, many countries hold the concept to be very important. In some countries, breach of promise laws are very important parts of the legal systems and there are strict laws regarding a broken promise of marriage. In countries where arranged marriages still occur, a breach of promise can cause severe legal penalties.

In certain countries a breach of promise is considered to be a very serious offense, particularly when both parties have substantial financial resources and their marriage was an intent to combine all of their financial resources into one in order to increase both parties' net worth. Legal implications can be very severe in these cases because the injured party in the broken engagement will be able to show a major loss of financial resources when the marriage does not go through. In these cases, courts in some areas will often award the injured party a substantial settlement.

Again, breach of promise laws in the United States are virtually non-existent although there are some areas where lawsuits can still be filed. Those living in certain other areas of the world however, will find that breach of promise lawsuits are taken very seriously and in extreme cases, a breach of promise could result in hefty fines and even imprisonment.

08.05.2013. 16:39


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