# What was with breach of promise of marriage actions? **URL:** \ **Category:** Factual Questions\ **Created:** [July 16, 2012, 4:41am UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384 "2012-07-16T04:41:40Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\ **Post date:** [July 17, 2012, 1:35pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/21 "2012-07-17T13:35:19Z")
Since the question has been answered, I’ll tell you a real life story. My mother got pregnant with me out of wedlock in 1975 India. My aunt’s fiance found out, and broke off the engagement, and told everyone in their small community, including all of the marriage brokers, that this was a house of whores, essentially. My aunt never got married. Thankfully, while dated, India was modern enough for her to work and support herself and not live off other people. And that is why they had breach of marriage contracts. Exactly for shit like this. ---
**Author:** ![No\_Wikipedia\_Cites](https://avatars.discourse-cdn.com/v4/letter/n/94ad74/32.png) [@No\_Wikipedia\_Cites](https://boards.straightdope.com/u/No_Wikipedia_Cites)\ **Post date:** [July 17, 2012, 4:45pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/22 "2012-07-17T16:45:02Z")
> [@Postariti](#): > > marriages were sometimes called off because a skeleton was found in the closet. So if a man calls off his marriage without giving any reason, people may start gossiping. There’s something wrong with her family, don’t marry into it. But what about the cases I mentioned where nobody else even knew about it? Nobody knew doodley squat about Miss Arabella Trefoil’s supposed engagement before the ‘suitor’ paid her a large amount of hush money. I don’t see how if that had gone to trial, there would be any damages. ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [July 17, 2012, 4:50pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/23 "2012-07-17T16:50:00Z")
> [@No\_Wikipedia\_Cites](#): > > But what about the cases I mentioned where nobody else even knew about it? Nobody knew doodley squat about Miss Arabella Trefoil’s supposed engagement before the ‘suitor’ paid her a large amount of hush money. I don’t see how if that had gone to trial, there would be any damages. She was probably rejecting other opportunities in the meantime, either by turning down suitors overtly or avoiding social engagements where she might be paired up with someone. Try explaining to a guy how she rejected him months ago as a suitor but now has changed her mind, and see how well that goes over. ---
**Author:** ![hogarth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hogarth/32/1773_2.png) [@hogarth](https://boards.straightdope.com/u/hogarth)\ **Post date:** [July 17, 2012, 5:25pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/24 "2012-07-17T17:25:21Z")
> [@No\_Wikipedia\_Cites](#): > > But what about the cases I mentioned where nobody else even knew about it? Nobody knew doodley squat about Miss Arabella Trefoil’s supposed engagement before the ‘suitor’ paid her a large amount of hush money. I don’t see how if that had gone to trial, there would be any damages. That sounds more like blackmail. I.e., “pay me off or I’ll drag your name through the mud, and I have the love letters to prove it”. Blackmail doesn’t really require you to have any legal merit to your case… ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [July 17, 2012, 6:42pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/25 "2012-07-17T18:42:55Z")
> [@Northern\_Piper](#): > > technically, I believe it was an action in contract, not in tort, just like any other failure to comply with contractual obligations. It’s styled a contract action, but it’s really a tort because there’s no consideration required. –Cliffy ---
**Author:** ![Andy\_L](https://avatars.discourse-cdn.com/v4/letter/a/c67d28/32.png) [@Andy\_L](https://boards.straightdope.com/u/Andy_L)\ **Post date:** [July 17, 2012, 6:53pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/26 "2012-07-17T18:53:38Z")
> [@No\_Wikipedia\_Cites](#): > > In an episode of _The Duchess of Duke Street_ a breach of promise of marriage is the big to-do. The same kind of action was the cause of the trial in Gilbert & Sullivan’s _Trial by Jury_. > > At first I actually thought, when watching _Trial by Jury_, that Gilbert just made it up as a joke, but apparently women could sue if a marriage engagement was broken off. > > I don’t get it–why would this ever be a legal issue? Why would a broken engagement be so bad? It just seems like a joke. For a 20th century fictional example, there was an episode of “Gomer Pyle” about a woman who would trick men into engagements (after one date) and then demand money to avoid breach of promise suits. Looks like the same thing happened to Barney Fife [Barney on the Rebound | Mayberry Wiki | Fandom](http://mayberry.wikia.com/wiki/Barney_on_the_Rebound) ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 17, 2012, 7:12pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/27 "2012-07-17T19:12:12Z")
> [@Cliffy](#): > > It’s styled a contract action, but it’s really a tort because there’s no consideration required. > > –Cliffy But mutual promises are sufficient consideration, aren’t they? ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 17, 2012, 7:36pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/28 "2012-07-17T19:36:32Z")
> [@Ferret\_Herder](#): > > She was probably rejecting other opportunities in the meantime, either by turning down suitors overtly or avoiding social engagements where she might be paired up with someone. Try explaining to a guy how she rejected him months ago as a suitor but now has changed her mind, and see how well that goes over. I suppose, too, that in high(er) society, most people were expected to and did get married at a certian age; so dangling for a year or two then trying to get back into the market meant that a lot of your contemporaries were already taken - especially for a woman, where the tradition seems to be more that a woman will marry the same age or an older man; the next year’s crop may not be interested in her… If most of the good ones are gone by then, you have blown a lot of opportunities (so to speak) by waiting for the wrong person and then being dumped. ---
**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\ **Post date:** [July 17, 2012, 9:19pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/29 "2012-07-17T21:19:31Z")
> [@Ruby\_Slippers](#): > > I can’t comment on the legal aspects, but I just wanted to chime in to say that I only recently found out that my grandmother actually won an award of $10,000 in a breach of promise suit back around 1912. I don’t have a chart handy but I’m thinking that was a whole lot of money back then. She ended up marrying my grandfather in 1916. I don’t know if that is any indication that her value in the marriage market was diminished or that my grandfather was a less desirable suitor. Well once she had $10,000 she was a very hot item indeed, and could snag a first rank suitor again. 🙂 ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [July 17, 2012, 11:25pm UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/30 "2012-07-17T23:25:08Z")
> [@Northern\_Piper](#): > > But mutual promises are sufficient consideration, aren’t they? Didn’t that come later? Anyway, the legal regime during the bulk of the history of the action was such that a woman’s promise wasn’t of the same class of interest. Maybe that works as consideration even so, though. Hmm. –Cliffy ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 30, 2012, 4:50am UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/31 "2012-07-30T04:50:55Z")
But as a [feme sole](http://en.wikipedia.org/wiki/Coverture), an adult unmarried woman had the same legal capacity as a man. She only lost that capacity on marriage. ---
**Author:** ![SnakesCatLady](https://avatars.discourse-cdn.com/v4/letter/s/4af34b/32.png) [@SnakesCatLady](https://boards.straightdope.com/u/SnakesCatLady)\ **Post date:** [July 30, 2012, 6:08am UTC](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384/32 "2012-07-30T06:08:07Z")
> [@Cliffy](#): > > It’s styled a contract action, but it’s really a tort because there’s no consideration required. > > –Cliffy In return for his promise to marry her, the woman promises not to consider offers from other suitors; she takes herself off the market. In a time when a 25 year old woman was considered an old maid, this could result make it difficult to find a suitable husband if she is dumped. [Previous page](https://boards.straightdope.com/t/what-was-with-breach-of-promise-of-marriage-actions/628384.md?page=1)