BREACH OF PROMISE TO MARRY: I am fairly good looking 28 years old female with a reasonably good figure. My ex-fiance who I was going out with for nearly four years decided to dump me for no apparent reason. I am very hurt and feel I was regularly sexually exploited for four years. Can I sue him?
You cannot legally enforce a ‘promise’ the way you can enforce a binding contract. In the old days, Hollywood celebrities used to talk about suing some ex-fiance for damages for a breach of a ‘marriage promise’, but promises are legally NOT enforceable. A ‘promise’ does not have the same legal ingredients as a contract. If a promise had the same legal ingredients as a contract, then it would not be a ‘promise’, it would be an enforceable contract. One also has to be careful about making claims of sexual exploitation. If your partner can show there was consent by you for any sexual activities, you won’t have a case against him in this respect. In court, claims could backfire. For example, whilst you claim, perhaps rightly so, that you were regularly sexually exploited, your fiancé might be advised to make the same claim against you. The male partner could claim, “She was the one who was sexually demanding.” Who is the court going to believe? One can understand the court not being able to accept the argument from either of the parties. In civil matters, the person taking out a legal action has to prove on balance of probabilities. In these circumstances, it would not be too easy to do that.