Breach of Promise to Marry Flashcards
What is Breach of Promise to Marry?
A marriage contract is an exchange of promises, express or implied, between a man and a woman. When the promise is seriously made, a legally enforceable contract is created that can be sued upon by the parties to the agreement when breached. If the promise is breached then, the aggrieved party is entitled to damages. However, the breaching party may have certain defenses which if present would not hold him liable for damages. The defenses to a breach of promise to marry cause of action include fraudulent misrepresentation, bad character, infidelity, bodily infirmity and insanity.
Defenses to BOPM
The defenses to a breach of promise to marry cause of action include fraudulent misrepresentation, bad character, infidelity, bodily infirmity and insanity.
What is the mnemonic for the BOPM Exceptions?
Four Men BeCome 3 I’s (FM BC I I I)
FM - Fraudulent Misrepresentation BC - Bad Character I - Infidelity I - Bodily Infirmity I - Insanity
Express or Implied
It would be express if a proposal has been made which has been accepted. It would be implied if the promise to marry can be inferred from the conducts of the parties eg such as giving and acceptance of an engagement ring.
What does agreement to marry mean?
Agreement to marry means an agreement to marry within a reasonable time. Where there is unreasonable time lapse, that lapse of time is considered a breach of promise to which damages may be awarded.
What does consideration in marriage agreement mean?
The consideration is the exchange of promise.
What does one need to prove to commence an action for breach of promise to marry?
(a) An agreement to marry between a man and woman
- The agreement could be express or implied
(b) The agreement must be seriously made
(c) Breach of the agreement to marry
Aning v Kingful:
D promised to marry P(lady) within 3 months after giving her a bible and a ring. P waited for 8 years but the marriage never took place. Court held that the failure to marry within a reasonable time is tantamount to a breach of promise. D was thus in breach for failing to marry the Plaintiff within a reasonable time.
Kwame Addo v Adwoa Duku
P and D agreed to marry. P believing this, presented D with a necklace. D subsequently refused to marry P. Court of the Omanhene of Akim Abuakwa held that all agreements to marry, independent of the type of marriage. The court awarded damage to P and ordered the return of the necklace.
o Court also held that where the agreement is broken, gifts given/received in contemplation of marriage will be returned to the giver.
Appiah (A) Acheampong (W) v Acheampong (H):
The facts are the customary law wife brought an action of breach of promise to marry her under the ordinance. Court held that breach of promise to marry is an action available to parties where the promise to marry is made in respect of a marriage under customary law.
Djarbeng v Tagoe:
Breach of promise to marry actions are existent under customary law.
- The court held however, the court held however that because family consent was absent, the defendant was not in breach.
Afrifa v Class-Peter
The facts are that Afrifa proposed to Class-Peter and they became formally engaged with the consent of her family. Afrifa present Class-Peter’s family with drinks, ring and a bible, showing that he intended it to be a Christian monogamous marriage. The two lived together and in anticipation of the marriage Class-Peter left her employment as a school mistress. Between 1969 and 1972, Afrifa fixed several dates but each was postponed by him. He flirted with many women and had a child one of them. Class-Peter caught him in the arms of another woman. Afrifa argued that he has married her under the Ga customary law. Further since the marriage was first postponed, she waived any rights that the breach gave her and the fact that she created a scene when she caught him cheating meant that the element of frustration has set in. Court awarded Class-Peter damages because:
o Breach of promise to marry are known under customary law.
o Postponements were at his behest suggesting that he was willing to marry at a future date.
o Class-Peter did not waive her right. After each postponement was a new reciprocal promise.
o Parties were not married under the Ga custom because the ring and Bible were unknown to customary law.
Amoah v Boakye Gyan
D presented a bottle of schnapps and GHC5.00 to the P’s family as traditional knocking. Family accepted them and the parties then cohabited from 2005 to 2009. D never married her. P sued for breach of promise to marry. The court held that breach of promise to marry are known under customary law and that the defendant was in breach.
o It further held that it would offend article 17 to discriminate against a person on grounds of ethnic origin and culture. Thus, to say that a promise to marry a person under the Ordinance is well founded but cannot be founded in customary marriage is discriminatory, unconscionable and contrary to justice and equity.
What type of breaches?
- There are different types of breaches, anticipatory breaches and non-performance breaches.
• Anticipatory breach: it occurs where a man and woman agree to marry at a certain time or upon the occurrence of a certain event, but one party withdraws from the agreement before the date of the marriage or occurrence of the event.
o Also, where it is evident that a marriage cannot take place at on the agreed date or after the occurrence of the event as a result of an action which puts the performance of the contract outside the power of the party in breach, there is an anticipatory breach.
• Non-performance breach: it occurs where a man and woman agree to marry at a certain time or upon the occurrence of a certain event, and that date/event passes but there is no marriage performed.
Anticipatory breach
- Where the breach is anticipatory, the aggrieved party can immediately sue for damages without having to wait for the agreed date or condition to materialize.
