Legal Minds
Legal Minds
February 2, 2025 at 05:52 AM
*BREACH OF A CONTRACT TO MARRY.* Yes marriage is a contract in case you don't know,Upon failure to fulfill marriage obligations by one party ,the other can sue but must prove the following because he who allege must prove That the defendant made a voluntarily promise to marry the plaintiff. That the promise was not kept. That the plaintiff may corroborate the allegation with evidence. *The breach may be in the form of,* Non-performance Anticipatory breach. *NON-PERFORMANCE* occurs when the promisor absconds on the fixed date or fails to perform within a reasonable time. *Martins V. Adenugba.* On the fixed date for the marriage, the defendant went into the marriage registry alone (without the plaintiff) and came out declaring that they have been married. The plaintiff believed him and cohabited with him for 3 years. She was entitled to recover damages. Where the promise is conditional, it is inoperative until the condition has been fulfilled. *Aiyede v. Norman-Williams.* The defendant promised to marry the plaintiff if he could obtain his father’s consent. The court held that failure to get the fathers consent invalidated the promise. *ANTICIPATORY BREACH*: where the defendant declares his intention not to perform or he willfully makes it impossible to perform his promise. For example, by marrying someone else. *Uso v. Oketubosun* The defendant went ahead to marry another lady after promising to marry the plaintiff. It was held to be a breach of the promise to marry. *BY.* *FELIX CHIBUIKE* *07089621300* *[email protected]* https://whatsapp.com/channel/0029VaBRr0oG3R3lE4UL4A1w
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