1. INTRODUCTION BETROTHAL PROMISE WORDS/CONDUCT /WRITING CAPACITY CONSENT
CONSIDERATION

2. CONSIDERATION
Offer – promise to marry within reasonable time after pl. arrival in Ireland
HARVEY V JOHNSTON
Acceptance – pl. went to Ireland as requested
Def. failed to carry out his promise
Pl. sue for breach of promise to marry
Held: went to Ireland as requested -is a good consideration

3. damages- rarely brought
After ww 2, action for
damages- rarely brought
-difficult to prove
Old Common law-
Breach of the promise-
Action for damages
POSITION IN ENGLAND
After now . Action for breach
of promise to marry has been abolished
by the Law Reform
(Misc.Prov.) Act 1970

4. Promise to marry to under the
Common law
Made by a bachelor
Made by a married man

5. PROMISE MADE BY A BACHELOR
Enforceable - supported with
valuable consideration.
If breach of promise to marry,
action can be taken against him.
Cases: Harvey v. Johnston
Frost v Knight

6. PROMISE MADE BY A MARRIED MAN
Unenforceable as it is against
public policy, even though it is made
upon conditions such as:
i) upon the death of promisor’s
spouse
ii) upon a divorce being granted.
- breach of promise , no action can
be taken against him unless it falls
under the exceptions.

7. Wilson v. Carnley
Promise made by a married man during the lifetime of his wife to marry a woman, after the wife’s death is unenforceable as it is against public policy. Void ab anitio and therefore no action can be taken against him.
Spiers v. Hunt
Held: Such contract is against public policy and moral and not to be enforced.
CASES

8. EXCEPTIONS
2) Promise is made after the decree nisi is pronounced, to contract a marriage after the decree being absolute.
Case: Fender v. St Johnson Mildmay.
1) The plaintiff has been deceived by the promisor / false declaration. Case: Shaw v Shaw Judgement was given in favour of the plaintiff who has been deceived by the promisor.

9. 3. When a man is permitted to have a plurality of wives by his personal law
Nafsiah v Abdul Majid

10. Position of betrothal in Malaysia
- No provision in the LRA and other specific legislation. -General principles of a contract is governed by the Contract Act sections 10, 11 & 24. -Therefore, may apply common law principles by virtue of s. 3 & 5 of Civil Law Act No need to be evidenced by writing . So long as a promise is supported by some kind of valuable consideration, then it is enforceable.

11. CASES Case: Doris Rodrigues v Balakrishnan
Application of common law principle through s.3 & s.5 Civil Law Act 1956
Case:Nafsiah v. Abdul Majid
Whether action can be taken against the defendant who is a married man, for breach of promise to marry.
Held: There is a breach of promise to marry and action can be taken against him since under his own personal law, he is entitle to have a plurality of wife.
CASES

12. Case: Mary Joseph Ariokiansamy v A.G Sundram
Held: Action can be taken against him despite the fact that he was a married man since she was deceived by the defendant who represented himself as a widower.
A promise of marriage made by a Hindoo man to a Christian girl is actionable at law, as the status of a Hindoo does not prevent his contracting a valid marriage with a Christian. If a disability due to status in fact exists, and is known to the defendant, but not known to the plaintiff it will not save the defendant from the consequences of an action for breach of promise of marriage.

13. Other cases:
-Oh Thevesa V Sia Hok Chia [1992] 1 MLJ 215.
-Wong Chuan Wah V Kok Kam Chee [2008]  3 CLJ 510
-Nagamah a/p Subramaniam v Ponnusamy a/l Rajoo [2008] 6 MLJ 152

14. The only remedy is action for damages It is mutual – either man and woman can sue . Damages not measured by fixed standard, and normally depending on the facts and circumstances of the case. Eg. The plaintiff is pregnant.
REMEDY