Legal Definitions - breach of promise

Breach of promise refers to the breaking of a formal promise to marry another person, commonly known as a broken engagement. Historically, this was treated as a legal wrong, similar to breaking a contract, which could allow the person whose promise was broken to sue for financial compensation (damages). The idea was that a promise to marry created an enforceable agreement.

However, it is important to understand that in most modern legal systems, including many states in the United States, a lawsuit for breach of promise to marry has been abolished. This means that, generally, you cannot sue someone for breaking off an engagement today, even if it causes emotional distress or financial loss.

Here are some examples that illustrate what a breach of promise would entail, even though such lawsuits are largely obsolete today:

• Example 1: Last-Minute Cancellation

  Sarah and Mark were engaged, had set a wedding date, sent out invitations, and Sarah had purchased her wedding dress and booked a venue with non-refundable deposits. A month before the wedding, Mark informed Sarah he had changed his mind and would not marry her.

  Explanation: Mark's decision to call off the wedding after a formal engagement and significant preparations constitutes a breach of his promise to marry Sarah. In jurisdictions where such actions were permitted, Sarah might have sought damages for her financial losses (e.g., deposits) and emotional distress.

• Example 2: Withdrawal After Joint Planning

  David proposed to Emily, and she accepted. They spent a year planning their future together, including looking at houses, discussing children, and merging their finances in preparation for marriage. One day, David announced he was moving to another country for a job opportunity and no longer wished to marry, despite Emily's willingness to move with him.

  Explanation: David's abrupt withdrawal from the engagement, after a clear promise to marry and joint future planning, exemplifies a breach of promise. While Emily might suffer significant emotional and practical disruption, current law in most places would not allow her to sue David for this broken promise.

• Example 3: Deceptive Intentions

  Lisa and Tom had been engaged for two years. Tom repeatedly reassured Lisa of his commitment, even as they saved money for a down payment on a house they planned to buy after their wedding. Unbeknownst to Lisa, Tom had secretly started a relationship with someone else and eventually confessed he never intended to marry Lisa, despite his public promise.

  Explanation: Tom's actions, where he made a clear promise to marry Lisa but secretly harbored no intention of fulfilling it, represent a breach of promise. This scenario highlights the emotional betrayal and potential financial impact that historically formed the basis for such lawsuits, even though they are largely obsolete today.