Also known as: breach of promise to marry · breach of promise · heartbalm action
Written by attorneys · grounded in primary & secondary sources — see below
A quasi-tort quasi-contract cause of action for damages resulting from the breach of a promise to marry. Recovery extends to actual expenditures made in preparation for the marriage as well as compensation for loss to reputation, mental anguish, and injury to health. Recovery does not extend to loss of expected benefits such as social or financial position. The tort aspect permits punitive damages upon a showing of malice.
Brooke Bryant quit her job as a dispatcher and spent her savings paying off Bernard Bass's business loan after he repeatedly assured her the contributions were in preparation for their marriage. Bernard later ended the engagement. In a state retaining the action Brooke recovered her actual out-of-pocket losses and mental anguish but received nothing for the business ownership she had expected.
Brenda Booth left her career and relocated at great expense after Brian Bailey promised marriage and co-ownership of his firm. Brian called off the wedding once the firm succeeded. The court permitted recovery only for Brenda's documented preparation costs and emotional distress while denying any award for the financial position she would have obtained through the marriage.
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Brendan Burns quit a stable job and moved across the country after Bradley Banks repeatedly promised marriage. Banks later ended the engagement without cause. In a state retaining the action the court awarded Burns compensation for documented preparation costs plus proven mental anguish and reputational harm.
The action has been abolished by statute in most states as one of the heartbalm actions. A minority of states retain a narrow version of the claim.
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Recovery is allowed for actual damages consisting of expenditures made in preparation for marriage. Recovery is also allowed for loss to reputation, mental anguish, and injury to health. Recovery is not permitted for loss of expected benefits such as social and financial position.
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Recognition of the tort aspect of the cause of action means that punitive damages may be awarded if it can be shown that the defendant acted maliciously.
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Recognition of the tort aspect of the cause of action means that punitive damages may be awarded if it can be shown that the defendant acted maliciously.
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…Wade v. Kalbfleisch , 58 N. Y. 282, 284, the question came before the Court of Appeals of New York whether an action for breach of promise of marriage was an action upon a contract within the meaning of certain provisions of the Revised Statutes of that State, and in disposing of the question the court said: “The general…