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Subsequent Offer To Marry

A breach of a promise to marry has the effect of a breach of a common law contract.  An agreement to marry is not similar to other contracts.  To recover for a breach of contract there should be a valid existing contract to marry.  There are many defenses to the breach of a valid contract to marry.

A promisor who has committed a breach of a promise to marry can offer the defense of subsequent offer to marry.  If the subsequent offer is in good faith, the offer can be considered as a relief to the damage that occurred due to breach of marriage.  However, when a defendant after breaching his first contract to marry, offers to marry the plaintiff again and the plaintiff refuse to that subsequent offer, the subsequent offer will not amount to a defense.[i] This subsequent offer is viewed as an offer to compromise.[ii]

A subsequent offer to marry should be made in good faith.[iii]  It can be considered a defense before a plaintiff has decided to end the matter and conveyed his/her intention.[iv]

In STACEY v. DOLAN, 88 Vt. 369 (Vt. 1914), the parties were engaged.  The plaintiff produced evidence about the discussions held to fix a date of marriage.  After numerous postponements of dates, the defendant informed the plaintiff that he had changed his mind and then refused to marry her.  The plaintiff moved a writ based on the breach of contract by the defendant.  The defendant then offered to marry the plaintiff through a letter delivered by the defendant’s sister.  The plaintiff denied the subsequent offer to marriage.  The court held that even though the defendant’s subsequent proposal was made in good faith, it tends to prove that there was a previous breach of a contract of marriage.

[i] Vann v. Vehrs, 260 Ill. App. 3d 648 (Ill. App. Ct. 2d Dist. 1994)

[ii] Anderson v. Kirby, 125 Ga. 62 (Ga. 1906)

[iii] Schaefer v. Schaefer, 379 So. 2d 864 (La.App. 4 Cir. 1980)

[iv] Adams v. Byerly, 123 Ind. 368 (Ind. 1890)


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