Monday, August 18, 2008

The Marriage is Off and She Gets a Pile of Cash

MSNBC reports on a Georgia case of alienated affections in Left at altar, she gets $150K in court:

"Men (or women) who decide to get on bended knee: Be warned. You could find yourself on both knees, facing a judge instead of a justice of the peace.

That’s what happened in Florida this week, when a woman was awarded $150,000 after suing her former fiancĂ© for calling off their wedding."

“Mr. Gibbs feels that the verdict did not accurately reflect the evidence and will appeal,” Hammond Law, Gibbs’ attorney, told TODAY in a statement. “In addition, there are significant legal questions to address, including, but not limited to, whether or not breach of promise to marry is a viable action under Georgia law in 2008.”
Which just happens to be the case under Indiana law: IC 34-12-2-1, Causes of action abolished.

The point? Just remember that Indiana law may differ from other states (as it does here).

Whether the General Assembly ought to resurrect this type of lawsuit is a question that I have no opnion about.


Judith said...

Good grief - breach of contract to marry is Victorian and although alive and used across the pond in those times, has long since been abolished here in England & Wales. On what basis were the damages assessed and wasn't the lady under a duty to mitigate her loss by finding another willing partner?

Sam Hasler said...

Honestly, I posted this just to show that it was not an available cause of action in Indiana. I have no idea of the facts or the law except what I find published in the original article. No way this will be revived in Indiana. Instead, we get lawsuits over who gets to keep the engagement ring.