BREACH OF PROMISE TO MARRY: A LEGAL RESPONSE TO HEARTBREAK PARTY

ABSTRACT

This article examined the idea of marriage’s promise being broken in Nigeria from a legal perspective. According to the author, marriage and its promise of it constitute a contract, making them enforceable at the request of the party who was dumped. The article also covers the defenses that the other party may have as well as the legal remedies that are available when a promise to marry is broken.

1.0 INTRODUCTION

Generally, a Breach of Promise to marry is a common-law tort, which has been abolished in many jurisdictions. However, it was also called a breach of contract to marry.

Since it has been abolished in many jurisdictions, can I say breach of promise to marry is an offense in Nigeria? Yes, it is an offense because it has not been abolished in Nigeria.

2.0 CASE STUDY

Let us consider this case study below:

Imagine Victor and Rohda were longtime partners who their friends looked up to and held in great regard as relationship role models. Most of their mutual friends usually seized every opportunity to resound an exclamation accompanied with a “this is the best relationship ever”. So it came as a shock when Victor broke the news of his wedding to Titofunmi his secondary school sweetheart, on his social media.

Can Rohda (as a Plaintiff) sue Victor (as a Defendant) for breach of promise to marry.? Yes if Rohda can prove the existence of the following elements;

A. That there was a promise to marry from Defendant (Victor) to Plaintiff (Rohda); because the court will not deem a promise to marry from mere romantic talks or discussions about the parties’ future. This can be proven by evidence of a marriage proposal and its acceptance like a letter, engagement ring, etc. The court will not infer a promise to marry from mere romantic talks or speculations about the parties’ future.

B. The Defendant (Victor) reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage.; this is demonstrated by concrete evidence of a marriage commitment being broken, such as calling off an engagement, getting married to someone else, etc.

However, a postponement of the wedding will not be seen by the court as its cancellation unless it continues for an extended period of time and there is circumstantial evidence that the party who promised the marriage has let the promise down.

3.0 CONDITIONS PRECEDENT ON BREACH OF CONTRACT TO MARRY

These two conditions precedent were clearly stated in the case of Ezeanah V. Atta (2004) LPELR – 1198 (SC) 19 where the Supreme Court per Tobi, JSC (as he E then was) held that “Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove to the satisfaction of the court that there was a promise of marriage under the Matrimonial Causes Act, 1990, or under Islamic Law or Customary Law on the part of the other sex. Second, the party reneging has really and as a matter of fact, failed or refused to keep to the agreement of the marriage”.

In the landmark case of Uso v Iketubosin [1975] WRNLR 187 the defendant promised to marry the plaintiff in 1947. In 1957, the defendant married another woman in breach of his promise to the plaintiff. The Court held that the defendant’s act constituted a breach for which the plaintiff was entitled to damages.

3.1 REMEDIES AVAILABLE TO ROHDA (the heartbroken Party):

Damages for financial expenses incurred as a result of the promised marriage, for instance, cost of preparation for the wedding, etc. Damages for emotional and psychological trauma and loss of reputation suffered as a result of the broken promise of marriage; Special damages can be sought where the Claimant can prove specific expenses incurred by him/her as a result of the broken promise to marry; General damages and cost of action, and so on. It is important to note that the award of these damages is at the discretion of the court, to be exercised judiciously.

Is there any defense for Victor (Defendant)? Yes, only if Victor can fulfill the following conditions in the next subheading.

4.0 DEFENCES TO A BREACH OF PROMISE TO MARRY

A. GENERAL DEFENCES: A defendant may put in general defenses that are usually used in the world of contracts. Some of the general defenses include Fraud, Mistake, Misrepresentation, and Duress e.g. He might state misrepresentation as his defense i.e. The only means of communication throughout the relationship was via the internet, and he had no idea that the lady was a minor. The lady misrepresented facts in this instance. See the case of Couturier V. Hastie (1856) 5 H.L.C 673

B. SPECIAL DEFENCES: A Defendant may also state more specific reasons for the refusal to marry after the promise to marry. For example, the Defense could be that the Plaintiff will not make a good parent for the children of the marriage, and this was discovered after the promise had been made. See the case of AGBAI & ORS V. OKOGBUE (1991) LPELR- 255 SC PG. 30 PARAS C-D

5.0 CONCLUSION

In conclusion, if you (or someone you know) are let down or dumped by a lover who made a marriage pledge, the law is on your side. It is okay to brood when these things occur, but not before telling a lawyer about the circumstances so you can take advantage of the legal remedies available, particularly in terms of money as stated above.

BIBLIOGRAPHY

1.Bac. Abr. tit. “Marriage and Divorce”, 530; Lewis v. Tapman, 90 Md. ‘294,45 ALt 4 9 460.

JOURNAL

1. Journal of the Society of Comparative Legislation Vol. 11, No. 1 (1910), pp. 156-167 (12 pages)Published By: Cambridge University Press

INTERNET SOURCE

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2.https://www.mondaq.com/nigeria/family-law/1244618/breach-of-promise-to-marry-a-legal-perspective#:~:text=To%20qualify%20for%20an%20action,discussions%20about%20the%20parties’%20future.