Also known as:breaches of promise · breach of promise to marry
Written by attorneys · grounded in primary & secondary sources — see below
A common-law action for damages arising from the unjustified termination of an engagement to marry. Where the action survives statutory abolition, it functions as a hybrid quasi-tort and quasi-contract claim. Recovery is limited to actual expenditures made in preparation for the marriage plus compensation for reputational harm, mental anguish, or health injury, but excludes any award for the loss of anticipated marital benefits such as social standing or financial advantage.
Sources & Authorities
How it applies
Common Examples
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Broken Engagement After Relocation
Boubacar Bah proposed to Bianca Baker and urged her to leave her job and move across the country to prepare their new home. Bianca quit her position, incurred moving costs, and signed a lease on an apartment near the planned wedding venue. Boubacar then ended the engagement without explanation. In the state that still recognizes the action, Bianca may recover her actual out-of-pocket expenses and any proven mental anguish, but she cannot recover the salary or social position she expected from the marriage.
Suit After Mutual Decision to Separate
Brandon Black and Brooke Bryant announced their engagement and began joint wedding preparations that included renting a reception hall and ordering custom attire. After both agreed the marriage should not proceed, Brooke sought damages for the costs she had incurred. The court dismissed the claim because the action for breach of promise to marry had been abolished by statute in that jurisdiction.
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Uniform Acts
Common Law
Casebooks
Dictionaries
Maynard v. Hill125 U.S. 190
Claim for Uncompensated Labor During Engagement
Bei Bai managed the books of Bharat Bhatia's business without pay after he promised they would marry and operate the company together. When Bharat ended the engagement, Bei sued for the value of her services and lost wages. The court rejected the claim because the requested recovery sought expected business benefits rather than expenditures made strictly in preparation for the marriage ceremony itself.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Common questions
Frequently Asked
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In which jurisdictions can a plaintiff still bring an action for breach of promise to marry?+
The action has been abolished by statute in most states as one of the heartbalm torts. A minority of jurisdictions retain a limited version that permits recovery only for actual preparation expenses and certain non-economic harms.
Supporting sources
What categories of damages are recoverable in a retained breach of promise action?+
A plaintiff may recover actual expenditures made in preparation for the marriage, loss to reputation, mental anguish, and injury to health. Punitive damages are available if the defendant acted maliciously. Recovery for loss of expected marital benefits such as social or financial position is not permitted.
Supporting sources
Does the action permit recovery when both parties mutually agree to end the engagement?+
No. Courts treat mutual termination as eliminating the element of unjustified breach, so no damages are awarded under the retained cause of action.
Supporting sources
How does the quasi-tort character of the action affect available remedies?+
Recognition of the tort aspect permits an award of punitive damages upon a showing that the defendant acted maliciously when breaking the engagement.
Supporting sources
125 U.S. 190Family Law
…Wade v. Kalbfleisch , 58 N. Y. 282, 284, the question came before the Court of Appeals of New York whether an action for breach of promise of marriage was an action upon a contract within the meaning of certain provisions of the Revised Statutes of that State, and in disposing of the question the court said: “The general…