Page 64 - The Circle of Life

As always with law no coercion is allowed. I remember a case in the 19th

century where a woman was rescued by a sailor after being shipwrecked. Before
he would allow her into his boat she had to agree to marry him which she did.
This was not seen (correctly) as binding on her and he failed in his bid for

damages when she told him afterwards to take a hike. He probably went to

Australia and it caused quite a scandal.

Legal effects of breach of promise

When an engagement is broken off without good reason the lawyers refers to it

as breach of promise and the "guilty" party may be sued for damages by the
"innocent" party under delict. It used to be women suing men but these days

you just don't know and it does not matter anyway. If the party is aggrieved she
has rights and justice must be seen.

A good reason in law to break off an engagement would be insanity, intoxication,
force, intimidation, mistake, fraud and misrepresentation and the discovery of

impotence, sterility, alcoholism or serious criminality on the part of the other
side. This is not a closed list but what courts accepted previously as a good

reason or defense meaning if the sued party can show that the above was the
reason why she broke the engagement she would almost always be the victor in

court. All of the above is excellent defenses against breach.

The reverse is also true. Where a party commits breach of promise for any
reason besides the above (and what the court thinks is good enough) he will pay

dearly for his actions. Marriage is a serious thing in law and not to be taken
lightly.

We briefly spoke of deflowering a virgin and where one party seduced the other
(usually the female but not always) under promise of marriage, she can claim

damages for seduction as well as for breach of promise. Obviously this will only
be where a pattern emerges or the defendant (usually the man) bragged to his

friends about his "victory" and never was serious about marriage and only used

the engagement as a way to get her into bed. Bragging may cost you enough to
learn how to act like a gentleman next time. Certain matters should stay private

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