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Breach of promise to marry is a common law action which is imbedded in the conception of marriage in the Anglo-saxon society. A breach of promise to marry is however a civil wrong for which an aggrieved person may sue. This means that a person cannot be sentenced to prison for refusing to marry another person. Breach of promise to marry is a remedy which is sui generis and has features in common with an action based on contract and an action in delict..(an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them) It not only amounts to a breach of contract, but also constitutes a wrong against the injured party. Thank you so much, kapatid, once again, for sharing your time with me. I, pp. DEFENCES TO BREACH OF PROMISE TO MARRY: Notwithstanding the above, there are defences a party can put up as justification for breaching the contract of marriage. In about half of all U.S. states, a promise to marry is considered to be legally enforceable , so long as the promise or agreement fulfills all the basic requirements of a valid contract. Kenya to introduce ‘breach of promise’ law Men and women whose partners promise marriage but fail to deliver will be entitled to compensation if a proposed Bill is enacted in Kenya. There must be an unequivocal promise to marry and acceptance by the other party. A breach of promise is a formerly common tort law that makes it possible for an individual to be sued in the event that he or she consented to an engagement of marriage, then later chose to withdraw from the engagement. Walter Mswazie, Masvingo Correspondent A 21-YEAR-OLD Masvingo woman has dragged her boyfriend of two years to court demanding $7 000 for breach of promise to marry her. I will do anything for you. When you think of weddings, you probably don’t think of lawsuits. This is because the whole promise to marry was based on the fact John had wanted children wanted children for the sake of ailing father. In our opinion, we agree that an action for breach of promise to marry should remain as a proper cause of action in court despite that it is merely a promise without no binding contract and there is no specific provision regarding the breach. $7 000 lawsuit over breach of promise to marry. 222–223 (2nd ed. I will die for you;’ etc. A breach of promise to marry, or simply, “breach of a promise,” occurs when a person promises to marry another, and then backs out of their agreement. Repudiation of a promise to marry is however no longer seen in the serious light that it was when marriage was regarded as the only proper course for all women and where breach of promise was likely to prejudice their reputation.” [52] Davis J also refers to D J Joubert (1990) 23 De Jure 201 at 214 where the learned author says: The amount of damages to be given in a breach of promise to marriage is the court’s discretion. While once a common legal action in many countries around the world, many regard any laws of this type as obsolete, and a relic from a bygone era. Discuss the legal requirements for a valid promise to marry in Malaysia. Define breach of promise. A breach of promise to marry may take the form of an Anticipatory breach or a Non performance breach. Application: Marry would not have a locus standi in her case if she were to sue John for the breach of promise. 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