BREACHES OF PROMISE

Hauraki Plains Gazette, Volume XXXIX, Issue 5333, 1 October 1928, Page 1

BREACHES OF PROMISE

LESS POPULAR NOWADAYS. LESS SENTIMENTAL DAMAGES. Actions fox breach of promise of marriage appear to be rather leg|S popular than they were twenty or thirty yeaj’is ago, states the London “Daily Telegraph.” A possible explanation is that, as a result of social changes, .fair plaintiffs have less hone of inducing juries to award them “sentimental” damages. To ask, or permit juries to assess the emotions in coin of the reajm has always been considered by many people as a task outside their proper- functionh ; and 1 the prospect of its soon becoming, uu? necessary for, the reason just mentioned, and of breach of promise being dealt with oji the basis that applies to other fojrms of contract, will .therefore give (satisfaction in some quarters. Suspicion qf blackmail lies heavy on ma,ny of these claims. It arises not sq much from actions actually tried in. Court, as .frojm others that ar.& laun|ched but never reach that stage, and so, never come into, the light. Solicitors a.re familiar with claims made by designing women when no promise has been made, and with clajms founded upqn, vague projinises extracted from inexperienced men wheii| they were not in a Condition to speak sanely upon any subject. They know, tpio, that not infrequently the victim prefers to write out a cheque rather than face the public exposure of his frailities. There was a curious case in the courts isiome time ago where even in very suspicious circ.umsitanoes sentiment played a dangerpus part. The unhappy .defendant alleged attempted blackmail and immoral propensities on the of .the plaintiff. The jury took a more favourable view of the lady, keenly sympathied with her, awarded her' very substantial damages, running well into three figures. Then the defendant appealed, and when the dlay arrived for heaping the lady did not appear. Inquiries revealed that she already had a, h,uisbapd living. While (such a case as tfhis proves that it cannot be said thajt fraudulent cases never come intq Court, it may partly explain the fact, vcjuched for. by professional mqn, that the woman who is really deserving of sympathy is often moved to isjhun publicity. The ’eighties and ’nineties will be remembered a period' ip| famous breach of promise actions, in which damages ranging from £2OO tq £lO,000 were awarded. One case was set- , tied at the record figure of £50,000. Such actions are never, heard of nowa- i days. The parties, are almost invariably in humble Hire ; the damages are very small—not, infrequently the “contumelious farthing,” as it wh 9 called by Baron Brapnwell, is thought sufficjeplt— and icajinot by any stretch of imagination, be supposed to represent an excess, of sentimental feeling On .the part of the jury. -As women enter more and more intq the active pursuits of life, become more independent of male support, actions of this kind become easier- !tq decide. Thei element of sentiment recedes, and compensation tend to be based O p( actual pecuniary loss; irrespective of. wounded feelings. This movement may perhaps be held to prestag,© the carrying out of a propqsal made fifty years ago by Lord Hers'chell, with approval ,of the House of Commo-ns. Possibly some would lik.e to urge, as a further conc&ssiqn to, ni'cdern ideas; of justice, the return of lovers” presents if requested.