Breach of promise is the legal term for breaking an agreement to marry. A court cannot force anyone to marry. But some states of the United States allow the jilted person to sue for damages if the other person broke the engagement without sufficient reason.
Breach of promise suits have existed in law since the 1600’s, when many people chose marriage partners for financial or other practical advantages. Families helped arrange many matches, especially among people with property. These people were the ones most able to afford a suit if the promise to marry was not kept.
As customs changed, many people came to believe that a person should choose a marriage partner for emotional rather than financial reasons. The damages in breach of promise suits became compensation for hurt feelings as well as for financial harm and loss of social standing. A jury has much freedom in deciding how much someone should pay for injuring another person’s feelings in this way. A jury also may order damages as punishment if it believes the defendant acted intentionally to cause loss or suffering.
Some people criticize breach of promise suits because the amounts awarded seem excessive compared with the harm done. Others oppose such lawsuits because they enable a person to try to obtain money merely by threatening legal action. A number of states have abolished these suits. Other states limit the amount of damages that can be awarded.
