The marriage promise made to a married person or by a married person, even if they are about to get a divorce, is against public policy and cannot serve as the basis for a claim for damages.
One must always be cautious in the promises we make to others. Thus, a mechanic, after selling a car to a customer, finds herself being sued for breach of promise. She claims that the mechanic promised to marry her as soon as they both obtained their respective divorces. She even declares that he went as far as asking her finger size to buy her a ring.
Asserting that the mechanic refuses to honor this promise, the customer turns to the Court and sues him for damages amounting to $300,000. She alleges that he drugged and sexually abused her, while also claiming that he is a pimp and has slept with over 200 women. She also accuses him of illegally obtaining access to her medical file and learning that she had previously been treated for psychiatric problems.
The mechanic denies the customer's allegations and affirms that the only relationship he has ever had with this woman is strictly business, as he sold her two cars.
The Court concludes that "the promise of marriage made to a married person or by a married person, even if they are about to obtain a divorce, is contrary to public policy and cannot be the basis for a claim for damages" and that the claim is frivolous, after $14,000 in legal fees and how many months of?..
The new year often presents an opportunity to make resolutions or promises. While we are the sole judges of our resolutions, perhaps when it comes to our promises, it would be wise to think carefully before making them.
*C.S. 550-05-012030-022
