![]() Unless there is a legally justifiable reason, an unwillingness to perform one's promise to marry creates a breach of promise to marry. The consent to postpone a marriage alone does not constitute a release of the obligation to perform it. If a promise to marry is conditional, liability for its breach will arise only following the performance or occurrence of the agreed condition.Ī 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times however, there is only a single contract, and only a single breach can take place.Ī contract to marry can be rescinded either by mutual consent of the parties or in instances of Fraud or duress. 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. A promise to marry must not be based solely upon illegal or immoral consideration, such as sexual relations between the parties. Generally, one individual's promise is adequate consideration for the promise of the other party. 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.Ī promise to marry must be based upon legal consideration. A promise to marry induced by duress is invalid. 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. Such acceptance need not be formal but may be implied from the promisee's behavior. ![]() A statement of the intention to marry to a third person, absent any other indicated intent, is not enough.Īn acceptance of an offer to marry must be given within a reasonable period of time. The key requirement is that both parties comprehend that there was a clearly intended offer of marriage. ![]() It is not necessary that the offer be in formal language. Offer and Acceptanceįundamental elements to the creation of a marriage contract are an offer and acceptance. 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.Ī breach of contract action cannot be maintained when a marriage would be unlawful due to Incest. When the plaintiff was unaware that the promisor was already married, however, he or she may recover. Similarly, a promise to marry someone who is already married is invalid, provided the promisee knew this fact. ![]() Statutes provide the ages of infancy.Īn individual who is incapable of making a contract due to incompetence will not be held liable for breach of promise. The infancy of the promisee, however, is not a valid defense. Generally, a valid defense to such an action is the infancy of the promisor at the time of the agreement. If the parties to a contract to marry are incapable of creating a valid agreement due to a legal disability, a lawsuit for breach of marriage promise cannot be sustained. This can be accomplished by a showing that both parties had a clear intent for the agreement to be binding. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. 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. Agreement to MarryĪn agreement to marry is different from all other contractual relations. The right of action for breach of a marriage promise has been abolished in a majority of states. A common-law right of action for breaking a commitment to enter into matrimony.
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