“Engagements Are Made To Be Broken”

Sun (Auckland), Volume II, Issue 352, 12 May 1928, Page 24

“Engagements Are Made To Be Broken”

Reminiscences of Blighted Affection amid Breach of Promise CaseSo o . Few ""Gold Diggers"

in Sooth Africa,

H REACH of promise cases, though rare, they are always rich in human interest. Some years African King’s Counsel in “Outspan,” there was a case in which a disappointed farmer, a widower with children, whose fai m was heavily mortgaged, brought an action for damages against a young llady living on a neighbouring farm who had promised to marry him. They had even fixed the happy day, but afterwards, as women will, she thought it over and wrote and told him that she had changed her mind and did not love him sufficiently to make him happy. He tried in vain to keep her to her bargain, saying that he had enough love in her for the two of them. Instead of acceding to her request to release her from her promise, as he should have done if he had been sensible, he proved his affection for her by suing her in the Supreme Court for damages to his injured feelings! He complained that he had lost a number of very valuable sheep because of his prolonged absences from home while paying his court to the reluctant lady, who, though not wealthy, would, he thought, have made him a successful housekeeper, and manager of his farm during his absence, and who had some prospects of being an heiress to a very good farm when her parents died. He said that the fact that he had been “jilted” had made him a laughing stock in the neighbourhood and his prospects for marriage with any other young woman were ruined, as people would suspect that there was some moral reason why he had been rejected. The late Lord de Villiers, who tried the case, was not very much impressed by this tale of woe, but awarded him the handsome sum of one shilling as “contemptuous damages” and ordered him to pay his own costs. This is not very encouraging for prospective male “gold diggers,” but the case laid down the important principle that our law In South Africa makes no distinction between the right of a mail or woman to sue for damages for breach of promise of marriage. “Fortunately,” said the then Chief Justice, “cases of this kind very rarely occur in this Court. It is seldom found here that even a woman brings an action against a man for breach of promise to marry.” One reason for the rarity of breach of promise cases in South Africa is the fact that they are tried by Judges without juries. That fact robs this class of case of that human appeal to sentiment which in England and America has often succeeded in obtaining very heavy damages amountIng to thousands of pounds, while in this country a hundred pounds or two would be considered very liberal compensation in the most aggravated cases of blighted affection and injured innocence.

Sir John Kotze was once trying a

I case in which the defendant had writ- | ten to the plaintiff that it was “the I Lord's will” that they should not | marry, but the learned Judge said that j he “failed to see any plain indication I of a Divine interposition in the matI ter,” especially as the man had broken j off the engagement in order to become engaged to a wealthy woman whom he had since married. Before marrying the second lady, however, the defendant, when threatened with an action for damages, had offered to break o his second engagement and marry the plaintiff if she would be satisfied with the consequences of “an unhappy marriage without love.” The Court decided that the plaintiff was justified in refusing this belated and not too generous oer, and awarded her £2OO damages because of the insult and the aggravated circumstances. “Engagements are made to be broken” is an old saying, but before they are broken the party breaking it should see that he or she has the other’s consent to the release, or good ground for breaking the engagement, otherwise he or she will be liable to an action for damages for breach of contract. The contract or engagement to marry is a unique contract, but it is a contract none the less. Actions for breach of promise are a survival of a state of civilisation which has long since passed away, and if they are not abolished by the legislature, as they ought to be, it is ex-

tremely likely that in time they will ; fall into disuse altogether. A well-known Judge in England re- j cently expressed the opinion that I breach of promise cases should be !

abolished altogether, and som. ago a Bill was actually into the British Parliament object. The origin of ise cases is lost in the obJL**' the Dark Ages, when * clothed with religious signifies *’ r ‘ formalities. In those baysr*!* l ' woman who broke his or" her “** " to marry was looked upon a,*' I **' breaker, and could be ordered J**acclesiastical court to eelebr,, * marriage as a punishment to « * crime. u ® V But the action for danug*. breach ot promise still remiL* force, as a pistol which ruaThTu elled at the head of an suitor who may have been too^ 1 istic when the engagement J** tered into. It is only too often , of legal blackmail, for there J. 9 * 1 many men or women of anv a ** who woud wish to be madeT!® tf pear either ridiculous or having their amatory efforts n««u fc? butt of public merriment inV*®' in court: and tile threat of an ** has often the desired effect ***** marriage, but of extorting compensation. It is not easr tT™ T ceive the state of mind of \ really disappointed in his or hersT 1 romance rushing to a lawyer’s 1 to send off a letter of demind i of a love letter? There is no Z*** even for a woman in these daiTT bringing an action for breai? ® promise, especially as w omen w.' ,f least an equal chance with n». earn a living or a fortune, and thli? the desire “to be settled in life yJt Simon the Cellarer’s and Dame v gery’s in the old song, is a lamhc" one, it should not be done at person's expense. uol,e Damages obtained in a bren* a promise action are a species of “fiLj money,” for the action is generafirii not always, the result of piqued foi ings and injured amour propre sail really a wild kind of revenge arts;

from a desire to “show the other pm son up” and make him or her ‘‘smart for it.” In the end, no doubt, actioaa of breach of promise will be killed ridicule.