BREACH OF PROMISE TO MARRY
What do you do when you are being served a breakfast(I mean heart broken). Let me guess, you go in and sob and accept fate, right?😄. That’s ridiculous. No, we won’t take that, not even the LAW. So, guess what? The law doesn’t encourage anyone to “use and dump.” So here is it. You can get damages for being heartbroken. Oh well, you read well. You can be handsomely rewarded for your heart being chattered into pieces. Especially when you truly relied on anyone’s promise to marry you, they can’t turn back to say they aren’t anymore (at least in most cases).
For in stance, according to some decided cases with respect to breach of promise to marry such as the case of Egbe v Adefarasin, Okenwa v Nwosu, the court clearly affirms that a breach of promise to marry is actionable and the aggrieved party shall be entitled to reasonable compensatory damages to cover up for their financial or emotional loss as the case may be. Note that the court would not order the specific performance of the marriage,the court can not force two people to marry each other.
Although there might not be a wholesome law as regards the breach of promise to marry in Nigeria, the Nigerian Contract Act and other Common Law principles are applicable in this instance. This is because the issue of marriage is treated as sanctity. Hence, a breach of same is categorized in law as a breach of contract/agreement.
For the aggrieved party to succeed, he or she must prove that, there was an actual promise to marry either expressly, or impliedly and such promise was relied upon, and a breach of which has resulted into a loss (of either time, other opportunities, emotions or psychological). With these, a person need not sob over a disappointment resulting from a breach of marriage. He or she just needs to contact a lawyer.
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OLAITAN FEYISETAN
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