An Action For Breach Of Marriage Contract Essay

737 Words Dec 4th, 2015 3 Pages
• In order to sustain an action for breach of marriage contract, an acceptance of the offer of marriage need not be in express words, but can be implied from the conduct of the parties. An acceptance can be implied from the relations assumed by the parties at the time of the offer or subsequent to it. The fact that Emily came to Florida as part of the offer is equal to acceptance and fulfilling the consideration. She didn’t have to explicitly accept the contract.

Right of Action – Rule
• The common law recognizes the right of a party to sue Victoria for the breach of an executory agreement to marry. Such a cause of action arises when Victoria failed to comply with the terms of the agreement and that amounts to a breach. An action may be brought by Emily to recover damages for the breach of a promise of marriage. The right to bring an action for breaching a promise of marriage arises when either of the parties fails to perform the terms of the contract. A cause of action arises if Victoria fails to perform the terms of the contract and that has been considered as a breach by the plaintiff. The action need not be on the contract itself. Based on these facts, recovery may be had upon the allegation of injury by reason of the fraud and deceit. The fact that Victoria did not disclose that she was already married constitutes to fraud
• Certain states do not validate the right of action for breach of promise to marry. Therefore in certain cases, the courts have to…

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