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Author Topic: Case of MIA Fiance (or the absent-minded fiancee)  (Read 666 times)

Wild Jack Maverick

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Case of MIA Fiance (or the absent-minded fiancee)
« on: June 02, 2005, 08:00:29 PM »
Please decide what laws apply.

A man and a woman meet, and soon after, in presence of a witness, one proposes marriage. The other accepts. The couple meets the requirements of capacity.

A few weeks later, a no-fault situation caused the couple to not see each other again for more than 4 years. They have not broken off the engagement, and they are on amicable terms with each other. Was consideration a necessity of forming the oral contract? If the contract was a legal oral contract of engagement, and is neither fulfilled, breached or revoked, is it still valid, or is it made invalid by the amount of time which has passed?
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kristin1644

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Re: Case of MIA Fiance (or the absent-minded fiancee)
« Reply #1 on: June 02, 2005, 09:13:51 PM »
Regardless of anything else, a marriage contract is required to be in writing according to the Statute of Frauds, so if there was not a writing it is not enforceable.

Wild Jack Maverick

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Re: Case of MIA Fiance (or the absent-minded fiancee)
« Reply #2 on: June 03, 2005, 08:28:38 AM »
engagement is a promise to marry, not a marriage
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twarga

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Re: Case of MIA Fiance (or the absent-minded fiancee)
« Reply #3 on: June 03, 2005, 10:28:34 AM »
In 1965, my father was sued for breech of promise in NJ.  He was engaged to this lady in Jersey and married my mother in Oklahoma when he got stationed there.  So it does exist.  I don't know all the details, but I know he was sued.
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stefaniebeach

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Re: Case of MIA Fiance (or the absent-minded fiancee)
« Reply #4 on: June 07, 2005, 01:28:44 PM »
In 1965, my father was sued for breech of promise in NJ.  He was engaged to this lady in Jersey and married my mother in Oklahoma when he got stationed there.  So it does exist.  I don't know all the details, but I know he was sued.

This is related to old state laws that were designed to protect property; namely a woman's honor and virginity.  As many women lived with and had sexual relations with their fiance's, the only way to recover a woman's reputation following a broken engagement was to sue.  Either the man would return and honor the contract or the engagement would be ruled as void thus reestablishing the woman's honor.

I don't believe a person can be sued for breaking an engagement but they can be sued, depending on the state, for other verbal agreements made during the relationship involving money and property.  Say a bride runs out on the day of the wedding and the groom wants to recover money lost as a result of the cancelled vendors and materials.
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