Also known as:breach of promise · heartbalm action
Written by attorneys · grounded in primary & secondary sources — see below
An action for damages arising from the breach of a promise to marry. The claim is quasi-tort and quasi-contract in nature. Recovery extends to actual expenditures made in preparation for the marriage as well as loss to reputation, mental anguish, and injury to health. Expected benefits such as social or financial position are excluded from recovery. Punitive damages are available upon a showing of malice.
Sources & Authorities
How it applies
Common Examples
2
Reliance Expenditures After Broken Engagement
Bethany Boyd quit her job as a logistics dispatcher and used her savings to pay off Bernard Bass's business loan after he repeatedly tied the contributions to their upcoming wedding and her future role as co-owner. When Bernard called off the wedding after the loan was paid, Bethany sued for breach of promise of marriage in a state that retains the action. The court permitted recovery of her actual out-of-pocket losses and opportunity costs incurred in direct preparation for the marriage.
Abolition Bars the Claim
Barbara A. brought an action against John G. alleging harms arising from their broken engagement. The court applied the state statute that expressly abolishes breach of promise of marriage along with other heartbalm actions. Because the statute eliminated the cause of action, Barbara's claim was dismissed before any inquiry into damages could occur.
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Test Yourself
10
Practice Questions5
· 4 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Common Law
Study Supplements
Barbara A. v. John G.193 Cal. Rptr. 422 (Ct. App. 1983)
Common questions
Frequently Asked
2
What categories of damages are recoverable in a breach of promise of marriage action?+
Recovery covers actual expenditures made in preparation for marriage. It also reaches loss to reputation, mental anguish, and injury to health. Expected benefits such as social or financial position are excluded. Punitive damages may be awarded if the defendant acted maliciously.
Supporting sources
Has the action for breach of promise of marriage been abolished?+
Most states have abolished the action by statute as part of the broader elimination of heartbalm claims. A minority of jurisdictions retain a narrow version focused on verifiable reliance losses rather than speculative harms.