This view was taken in one sheriff court case and a presumption to this effect has now been adopted by statute in England. The Spanish Codego Civil deals only briefly with breach of promise of marriage. The Commission further recommends that the rule applicable to gifts generally should apply to engagement rings also. Specific performance-this is an equitable remedy which directs the party in breach to perform his part of the contract. to have been given subject to the condition that it be returned at the request of the donor (or his estate), if the marriage, for whatever reason, does not take place; any property (including an engagement ring) given by one of them to the other is presumed, in the absence of evidence to the contrary, to have been given subject to the condition that it be returned at the request of the donor, if the marriage does not take place for a reason other than the death of the donor; any property (including an engagement ring) given by one of them to the other is presumed, in the absence of evidence to the contrary, to have been given unconditionally if the marriage does not take place on account of the death of the donor. Find information, photos & videos by location. As regards the determination of what constitutes a promise to marry and what evidence supports it, the case law is unsatisfactory. The position regarding engagement rings is discussed in the leading treatise in a fashion that merits quotation, not only in relation to Scots law but also for the purpose of clarifying the issues regarding possible legislation in this country. In case of doubt, it is presumed that when the engagement is dissolved because of the death of one of the engaged persons, the claim for return is barred. 8, 12, 44 and 45. to this page. (This is the reason why legal aid was never made available for such actions.) Fault does not enter into consideration in this regard. (2) Provide that in determining whether to make an order under subsection (1) and the nature of any such order, the Court is not to have regard to the issue of the responsibility of either party for the termination of the engagement, unless there has been violence, fraud or deceit by one of the parties. If the broken promise cost you a million dollar, then of course you should meet with lawyers to discuss your breach of contract lawsuit. The following have been held to be sufficient justification for the defender not to fulfil his promise: the discovery that his fiancée had given birth eleven years previously to an illegitimate child; the discovery that his fiancée was pregnant by another; the discovery of ill health on the part of the defender that made him unable to fulfil the engagement without danger to his life or serious risk to his mental or physical health. In the absence of a contrary intention, wedding presents from third persons should be returnable if the marriage does not, for whatever reason, take place – p. 41. This was rejected on account, inter alia, of the difficulty of defining “special” damages so as to exclude compensation for such matters as loss of prospects of marriage. Similarly, an action will lie where the defendant marries another before the time for the fulfilment of the condition has passed (or where no condition arises, if he or she does. A contention that the parties are already married (of importance in Scotland, where there may still be irregular non-ceremonial marriages) or, more usually, that the defender is willing to marry the pursuer but that either the pursuer has broken off the engagement or that a postponement is reasonable. Is substantially similar to that in this country, he offered to barter every joy for money or. 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