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Need an athletic care giver and receiver for facial exercises, daily woodwork and boldpersonals morning rock parties. With, tidy and talented. Classy and fun. In modern times there have been instances of successful actions by men. Promises to marry made by minors are voidable at the option of the minor. A minor may sue on such a promise but may not be sued, even if he or she has ratified the promise after coming of age.
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On reaching majority a new and independent promise to marry the other person will be binding. A promise by a married man or woman to marry another person is actionable where the plaintiff had no knowledge of the defendant s married state.
Where, however, the other person is aware of the defendant s position, a promise by the defendant to marry that person after the death of his or her spouse will be unenforceable on the grounds of public policy.
Similarly, a promise by the defendant to marry the other person after he or she has obtained an annulment of a voidable marriage will be unenforceable. On the other hand a promise to marry made by a party to a void marriage would be enforceable. A marriage that is void may be so treated by any person and does not require a decree of annulment. Fender The fact that the defendant is already engaged to another person will not relieve him of liability.
A promise to marry must be fulfilled within the stipulated time, or, where no time has been stipulated, within a reasonable time.
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A conditional promise to marry may be sued upon when the condition has been fulfilled. If, however, the defendant before then absolutely refuses to honour the contract, an action will lie immediately. There are a number of defences to the action for breach of promise. A defendant is not bound by his promise where he establishes a false representation, or fraudulent concealment in material particulars, of the pecuniary circumstances or previous life of the plaintiff.
The bad character of the plaintiff will also excuse the defendant from performance of the contract, unless he or she was aware of the plaintiff s character before making the promise. Physical or mental incapacity may give rise to a right to terminate the engagement in limited circumstances. No disease or infirmity short of absolute incapacity on the part of the defendant will avail him or her, however, even if it is proved that the performance of marital duties would endanger his or her life.
Previous confinement in a mental hospital does not per se render the agreement to marry void but supervening insanity will afford a defence.
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The fact that the defendant honestly and reasonably believed the plaintiff to be unfit to marry is no defence if the plaintiff was in fact fit.
Finally, it is a defence to an action for breach of promise that the plaintiff has released or discharged the defendant from performance before any breach of the contract occurs. The release may be express or implied. The damages in an action for breach of promise are not measured by any fixed standard and are almost entirely a matter in the discretion of the judge. Exemplary damages may be awarded, and damages may be aggravated or mitigated according to the behaviour of the parties.
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It is an implied condition where the woman breaks off the engagement or where the engagement is terminated by mutual consent that she return all presents of significant value including the engagement ring unless they were given to her unconditionally. Where the man unjustifiably refuses to perform his promise he may not lawfully demand the return of the ring. Gifts given by third persons are retrievable by the donor in the event of the marriage not taking place.
This is the reason why legal aid was never made available for such actions. The Commission examined five proposals for reform that had been canvassed. The first was to abolish the action and provide no new remedy. This was rejected on the ground that it would result in injustices in regard to property questions.
The second was to retain the action but to limit it to the recovery of special damages. The adjustment scheme should be subject to a general provision that it should not apply where it would be inequitable.
The Commission had earlier suggested that the adjustment scheme should apply in all cases where an intended marriage failed to take place, such as where the engagement was terminated by mutual agreement or where one of the parties died. The Commission in its Report rejected the adjustment scheme for four reasons: a It would involve accounting difficulties unless prolonged enquiries into the parties expenditure were made. Even if community of property were to be proposed later by the Law Commission for married persons, it would be inappropriate and unacceptable to impose it upon engaged couples.
The fourth proposal considered by the English Law Commission was a modification of the third, namely, to replace the action for breach of promise by a system of adjustment of losses only. It rejected this proposal for substantially the same reasons as it rejected the third proposal.
The fifth proposal was to abolish the action for breach of promise, replacing it by a procedure for settling property disputes between the parties. This proposal was accepted by the Commission. Such transactions will often be very similar in nature to those between married persons. The Commission referred to its recommendation in regard to spouses that where one spouse contributed money or money s worth to the improvement of the other s property or the property of them both and the contribution was of a substantial nature, he or she could subject to their agreeing otherwise acquire a beneficial interest in the property.
A number of ancillary questions were considered by the English Law Commission. Firstly, it stated that the proceedings that it recommended in regard to engaged persons should not be capable of being taken unless there was a definite agreement to marry.
Once such an agreement existed, however, the conduct of the parties before the engagement would be relevant. The Commission made no recommendation with regard to gifts from third persons on the basis that it was outside the scope of the Report.