Breach of Promise - Laws in Different Countries

Laws in Different Countries

In Scots law before 1812, damages were limited only to actual financial losses.

In the US, breach of promise laws were repealed or limited beginning in 1935. As a result, expensive diamond engagement rings, previously uncommon, began to become commonplace, and formed a sort of financial security for the woman.

England and Wales undertook legal reforms in 1970 that generally made property disputes related to engagements be handled like property disputes between married couples.

France nominally did not permit breach of promise actions, holding that marriage cannot be freely entered into if the engagement is legally binding. However, any party may sue for losses as a result of improper behavior by an engaged person.

After World War II, German, Spanish, and Italian law allowed for the recovery of actual damages incurred as a result of the failed engagement.

Whilst in Hong Kong, similar to the situation in England, engagements to marry are not enforceable at law by legislation. Damages for distress caused and reliance on the breach of promise are claimable, if the Plaintiff suffers the sufficiently serious consequences in light of the specific circumstances, for instance in Cheung Suk Man v So Shek Keung HKLR 485.

In the Canadian province of Saskatchewan, the breach of promise action was only formally abolished in 2010.

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