Breach of promise refers to the failure to fulfill a commitment, specifically in the context of a promise of marriage. Historically, this was recognized as a common law tort, which means it was a civil wrong that could lead to legal action. In essence, when one party does not honor their promise to marry, the other party may seek legal recourse for damages caused by this failure.
This term is primarily used in family law and civil litigation. Breach of promise cases can arise when one partner sues another for not following through on a marriage proposal. Although this type of claim is less common today, it can still be relevant in certain legal contexts. Users may find it helpful to access legal templates from US Legal Forms to assist in drafting necessary documents if they are considering pursuing a claim.
Here are a couple of examples of abatement:
(Hypothetical example) If a couple becomes engaged and one partner suddenly decides to end the engagement without just cause, the other partner may claim breach of promise, seeking damages for emotional distress and any financial losses incurred due to wedding preparations.
| State | Notes |
|---|---|
| California | Breach of promise cases are rare and often dismissed in favor of other legal remedies. |
| New York | Historically recognized, but modern courts are less likely to hear these cases. |
| Texas | Similar to New York, with a strong emphasis on emotional distress claims instead. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Breach of Promise | Failure to fulfill a promise to marry. | Specifically related to marriage promises. |
| Emotional Distress | Psychological suffering caused by another's actions. | Broader scope, not limited to marriage promises. |
| Contract Breach | Failure to uphold terms of a legally binding agreement. | Can apply to any contract, not just marriage. |
If you believe you have a case for breach of promise, consider the following steps:
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Yes, but the success of such a claim depends on the jurisdiction and specific circumstances.