The Legal Implications Of A Breach Of Promise To Marry

By Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK).

Promise to marry is treated as a contract, likewise the breach of it. For a claim of breach of promise to marry to be successful, the party making the claim must prove that there was indeed a promise to marry made by the other party, and secondly, the party making the claim must prove that the other party failed to fulfil the promise to marry, and that such failure has caused him/her to suffer certain damages.

Breach of Promise to Marry: Legal Implications

Introduction

Ada and Obi were long-time lovers admired and highly esteemed by their friends as “relationship goals”. Most of their mutual friends usually seized every opportunity to resound an exclamation accompanied by a “you guys are so good at this love thing. I go love oh”. They had already initiated the process of getting married by being formally introduced to each other families. So, it came as a shock of the century a few months later when Obi broke the news of his wedding to Kemi his secondary school sweetheart, on his social media.

A contract is a written or oral agreement between two or more parties that creates obligations on the parties. Black’s Law Dictionary defines a contract as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. For a party to claim a breach of a contract, such a contract must be existing between parties, there must be an agreement between two parties, and such agreement does not have to be written. It can be a spoken contract or can be inferred from the actions of the parties.

THE CONTRACT OF PROMISE TO MARRY

The law sees and treats a contract for “promise to marry or agreement to marry” as binding on both parties, the breach of which entitles the disappointed party to financial compensation by way of damages. For a promise to marry to be seen as a contract, all the elements of a valid contract must be in existence, to wit:

1. Offer: A proposal of marriage made by one party to another. This proposal could be made in any form as long as there is a clear intention of marriage expressed.
2. Acceptance: The offer of marriage must have been accepted by the party to whom the offer was made to. The acceptance must be expressly communicated.
3. Capacity: Before a person can make a promise to marry, he or she must have the capacity to be married. Both parties must be of a “marriageable age” and have a sound mind. A minor or insane person cannot enter into a valid contract.

The remedy available for breach of promise to marry is Damages. For this damage to be awarded to an aggrieved party, such party must show the existence of the following elements:

1. That there was a promise to marry: This can be proven by evidence of a marriage proposal and its acceptance like a letter, engagement ring, official introduction common in most Nigerian culture, etc. The Court will not infer a promise to marry from mere romantic talks or speculations about the parties’ future.
2. The promisor reneged on his/her promise: This is shown by evidence of a concrete breaking of the promise to marry like calling off the engagement, marrying another person, etc. The Court will not interpret a postponement of the wedding, to mean its cancellation, unless such postponement lasts beyond a reasonable time, and circumstantial evidence exists to show that the party who promised the marriage, has disappointed the Promisee.

These two conditions precedent was clearly stated in the case of Ezeanah V. Atta[1] where the Supreme Court per Tobi, JSC (as he 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 in fact 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,[2] 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 actions constituted a breach for which the plaintiff was entitled to damages.

Remedies Available to the heartbroken Party:

1. Damages for financial expenses incurred as a result of the promised marriage, for instance, cost of preparation for a wedding, etc.
2. Damages for emotional and psychological trauma and loss of reputation suffered as a result of the broken promise of marriage;
3. 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;
4. 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. A person cannot bring a claim for damages for breach of promise to marry if such breach does not directly cause them injury, or other valid disadvantages in the eyes of the law.

It is also important to note that a defense can be made by the other party against whom the claim is brought. The defense applicable to contracts apply to a breach of promise to marry. These include but are not limited to a plea of fraud, duress, misrepresentation, etc. Where a promise to marry is made due to misrepresentation of facts or fraud, then a defendant may plead fraud or misrepresentation.

CONCLUSION

The law is on your side when you (or someone you know) get disappointed or jilted by a lover who promised marriage. It is okay to brood when these things happen, but not without informing a lawyer about the situation, to enable you to benefit from the legal remedy available, especially in monetary terms as discussed above.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN, FCIArb. (UK).

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm) where he also doubles as the Team Lead of the Firm’s Emerging Areas of Law Practice.

Mr. Atoyebi has expertise in and a vast knowledge of Family and Matrimonial Law and this has seen him advise and represent his vast clientele in a myriad of high level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of a Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

CONTRIBUTOR: Joy Ayara.

Joy is a member of the Corporate and Commercial Team at OMAPLEX Law Firm. She also holds commendable legal expertise in issues concerning family relationships such as marriage and divorce.

She can be reached at joy.ayara@omaplex.com.ng.

[1] (2004) LPELR – 1198 (SC) 19

[2] [1975] WRNLR 187