Scribd
Upload
291 views3 pages

Whether There Is A Breach of Promise To Marry

Paul and Linda had been living together, indicating a mutual promise to marry. However, Paul breached this promise by chasing Linda out of their home when she became pregnant. According to previous court cases, conduct between parties can show an agreement to marry, and breaking off a marriage due to pregnancy is unreasonable. Therefore, Linda can claim damages from Paul for breach of promise. Linda is entitled to general damages for wounded pride and loss of opportunity to marry another. The amount of damages will depend on aggravating factors like Linda's unmarried and underage state, as well as Paul's conduct and financial means.

Uploaded by

LIA170033 STUDENT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
291 views3 pages

Whether There Is A Breach of Promise To Marry

Paul and Linda had been living together, indicating a mutual promise to marry. However, Paul breached this promise by chasing Linda out of their home when she became pregnant. According to previous court cases, conduct between parties can show an agreement to marry, and breaking off a marriage due to pregnancy is unreasonable. Therefore, Linda can claim damages from Paul for breach of promise. Linda is entitled to general damages for wounded pride and loss of opportunity to marry another. The amount of damages will depend on aggravating factors like Linda's unmarried and underage state, as well as Paul's conduct and financial means.

Uploaded by

LIA170033 STUDENT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

The issue is whether Paul breach his promise to marry Linda.

In order to enforce the

promise, it does not require any written agreement or mutual promise which is expressly worded

but it is sufficient enough as long there is evidence of consideration to create the promise 1. In the

case of Harvey v Johnston2, showed that the conduct of the parties may prove that they have

mutually promised to marry. In the current case. Paul’s conduct in which he moves in with Linda

proves that they have mutual promise to marry. Paul’s conduct in chasing Linda out of the house

is arguably his sign not wanting to go through a marriage with Linda. In the case of Harrison v

Cage3, court held that there was a breach of promise to marry as the defendant’s wife has refuse

to marry to the plaintiff. Despite plaintiff having mutual agreement with the defendant’s wife to

marry, defendant’s wife decide to marry defendant instead. A party must have a reasonable reason

to not go through marriage, which in the current situation, Paul’s reason to In the case of Dorris

Rodrigues v Bala Krishnan4, held that the English Law Reform (Miscellaneous Provisions) which

abolished actions for damages for breach promise of marriage is not applicable to Malaysia by

virtue of the Civil Law Act 1956 and the Contract Act 1950.

In this situation, Paul and Linda had move in together in a condominium. In accordance to

the Harvey’s case, conduct of the parties may justify as an interference that they may have mutually

promised to marry. Therefore, it is unreasonable for Paul to breach his promise to marry on the

ground that Linda is pregnant.

In conclusion, there was a promise to marry between Linda and Paul. Due to Paul’s

unreasonable reason to not go through with the marriage, therefore, there is a breach of promise to

1
Family law in Malaysia, 1999 at p36
2
[1848] 6 CB 195
3
(1698) Carth 467
4
[1982] 2 MLJ 77
marry. Linda need to anticipate the defences coming from Paul is his own mental or physical

infirmity. Since there is valid promise to marry there is breach. Linda can claim for remedies.

Generally, Linda can claim for general and special damages. General damages refer to

damage for abstract. Special damages refer to specific items that may be quantified with money5.

In the case Berry v Da Costa6, in determining the right amount of damages in action for breach of

promise of marriage, injured feelings and wounded pride of a woman to whom been wronged must

be taken into consideration. Taken into consideration also the virtue that she has been deprived the

opportunity of contracting a happy a marriage with another man. In the current situation, Linda

has the possibility to lose her virtue to contract in a happy marriage with another man in future due

to her pregnancy before marriage. Her pride as a woman will be wounded if she is unmarried and

pregnant. Rajeswary & Anor v Balakrishnan & Ors , 7the court considered in aggravating of

general damages the fact that the defendant’s behaviour had been ‘unfeeling and contemptible’.

However, the defendant position must be taken into consideration. In the case of Dennis v Senayah
8
with the same view as previous case, stated that the conduct of the parties may be taken into

account in aggravating or mitigating the amount of damages. Damages not to be measured by any

fixed standard and with discretion of the court. In aggravating circumstances, the damages can be

large. In the current case, Linda was being put in aggravating circumstances where she is being

chased out from the house while she is pregnant by he father of the child. She also had to go back

to her parent’s house unmarried, pregnant and underage. Her pride is wounded. Linda also shall

5
Family law in Malaysia, 1999 at p39
6
(1866) LR 1 CP 331
7
[1958] 3 MC 178
8
[1963] MLJ 95
be informed that the defendant’s means must be taken into consideration. Linda can claim for

general damages due to breach of promise to marry by Paul.

You might also like